Site Management Plan

402 & 430 Buffalo Avenue Site BCP Site No. C932164 Niagara Falls, New York

Revised December 2015 0294-013-001

Prepared For: Merani Hospitality, Inc.

Prepared By: In Association With:

B n vi ronmental ng i neeri n g cience,

2558 Hamburg Turnpike, Suite 300, Buffalo, New York 14218 | phone: (716) 856-0599 | fax: (716) 856-0583

BROWNFIELD CLEANUP PROGRAM

SITE MANAGEMENT PLAN

402 and 430 BUFFALO AVENUE SITE NYSDEC SITE NUMBER: C932164 NIAGARA FALLS, NEW YORK

Revised December 2015 0294-013-001

Prepared for:

Merani Hospitality, Inc. 7001 Buffalo Avenue Niagara Falls, New York

Prepared By: B

Benchmark Environmental Engineering & Science, PLLC nvironmen tal ngineering 2558 Hamburg Turnpike, Suite 300 cence,i Buffalo, NY 14218 (716) 856-0599

In Association With:

TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Buffalo, NY 14218 (716) 856-0635

Revisions to Final Approved Site Management Plan:

Revision # Submitted Date Summary of Revision DEC Approval Date

SITE MANAGEMENT PLAN 402 and 430 BUFFALO AVENUE SITE

Table of Contents

ES EXECUTIVE SUMMARY…………………………………………………………..ES1 1.0 INTRODUCTION ...... 1 1.1 General ...... 1 1.2 Revisions ...... 2 1.3 Notifications ...... 2 2.0 SUMMARY OF PREVIOUS INVESTIGATION & REMEDIAL ACTIONS ...... 5 2.1 Site Location and Description ...... 5 2.2 Physical Setting ...... 5 2.2.1 Land Use ...... 5 2.2.2 Geology ...... 6 Overburden ...... 6 Bedrock ...... 6 2.2.3 Hydrogeology ...... 7 2.3 Investigation History ...... 7 2.3.1 November 2013 Limited Phase II Environmental Investigation Report and December 2013 Supplemental Phase II Site Assessment ...... 7 2.3.2 September 2014 – 401 Buffalo Avenue Supplemental Investigation ...... 8 2.3.3 BCP Remedial Investigation (RI) ...... 8 Transformer Room - PCB Investigation Results ...... 8 Site-Wide Gamma Walkover ...... 9 Soil/Fill Investigation Results ...... 9 Groundwater Investigation Results ...... 9 2.4 Remedial History ...... 10 2.4.1 401 Buffalo Avenue – Interim Remedial Measures ...... 10 Chemical Waste ...... 10 Radiologic Material Activities ...... 10 Petroleum- Impacted Soil/Fill Activities ...... 11 Metals Impacted Soil/Fill Activities ...... 11 Transformer Room – PCB Activities ...... 12 2.4.2 402 and 430 Buffalo Avenue Interim Remedial Measures ...... 13 430 Buffalo Avenue IRM – TP-3 Excavation Area ...... 13 402 Buffalo Avenue IRM - Radiologic Material Activities...... 13 2.5 Remedial Action Objectives ...... 14 2.5.1 Soil: ...... 14 2.5.2 Groundwater: ...... 14 2.6 Remaining Contamination ...... 14 2.6.1 Remaining On-Site Soil/Fill ...... 15 2.6.2 Remaining On-Site Groundwater ...... 15 3.0 INSTITUTIONAL & ENGINEERING CONTROL PLAN ...... 16 3.1 General ...... 16 3.2 Institutional Controls ...... 16

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Table of Contents

3.3 Engineering Controls ...... 17 3.3.1 Cover System ...... 17 3.3.2 Criteria for Completion of Remediation/Termination of Remedial Systems ...... 18 Cover System ...... 18 4.0 MONITORING PLAN ...... 19 4.1 General ...... 19 4.2 Cover System Inspection ...... 19 5.0 OPERATION & MAINTENANCE PLAN ...... 21 5.1 General ...... 21 6.0 PERIODIC ASSESSMENTS/EVALUATIONS ...... 22 6.1 Climate Change Vulnerability Assessment ...... 22 6.2 Green Remediation Evaluation ...... 22 6.3 Remedial System Optimization ...... 23 7.0 REPORTING REQUIREMENTS ...... 24 7.1 Site Management Reports ...... 24 7.2 Periodic Review Report ...... 26 7.2.1 Certification of Institutional and Engineering Controls ...... 27 7.3 Corrective Measures Work Plan ...... 28 8.0 REFERENCES ...... 29

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LIST OF TABLES

Table 1 Notifications (In Text) Table 2 Summary of RI PCB Wipe Sample Results Table 3 Summary of RI Surface Soil Analytical Results Table 4 Summary of RI Subsurface Soil Analytical Results Table 5 Summary of RI Groundwater Analytical Results Table 6 Petroleum Area IRM Post Excavation Analytical Results Table 7 401 Buffalo Avenue IRMs Post Excavation Soil Analytical Results Table 8 Transformer Room – Post Excavation Soil Analytical Results Table 9 Transformer Room – Post-Remedial Wipe Sampling Results Table 10 430 Buffalo Avenue TP-3 IRM Post Excavation Soil Analytical Results Table 11 Remaining on-Site Soil Above Unrestricted Use SCOs Table 12 Reporting Summary/Schedule (In Text)

LIST OF FIGURES

Figure 1 Site Location Map Figure 2 Site Plan (Aerial) Figure 3 Groundwater Isopotential Map Figure 4 RI Sample Locations Figure 5A 401 Buffalo Avenue IRM Activities Figure 5B Transformer Room IRM Activities Figure 6 430 Buffalo Avenue – TP-3 IRM Activities Figure 7 402 Buffalo Avenue IRM – Post-Removal Screening Results Figure 8 Remaining Soil/Fill Exceeding USCOs Figure 9 430 Buffalo Avenue - Cover System Layout Figure 10 Cover System Detail and Verification Survey Results

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APPENDICES

Appendix A Environmental Easement Appendix B Excavation Work Plan Appendix C Boring and Monitoring Well Construction Logs Appendix D Health and Safety Plan and CAMP Appendix E Site Management Forms Appendix F Owner and Remedial Party Responsibilities Appendix G Electronic Copy

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List of Acronyms

BCA Brownfield Cleanup Agreement BCP Brownfield Cleanup Program CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CAMP Community Air Monitoring Plan C/D Construction and Demolition CFR Code of Federal Regulation CLP Contract Laboratory Program COC Certificate of Completion CO2 Carbon Dioxide CP Commissioner Policy DER Division of Environmental Remediation EC Engineering Control ECL Environmental Conservation Law ELAP Environmental Laboratory Approval Program GHG Green House Gas HASP Health and Safety Plan IC Institutional Control NYSDEC New York State Department of Environmental Conservation NYSDOH New York State Department of Health NYCRR New York Codes, Rules, and Regulations O&M Operations and Maintenance OM&M Operation, Maintenance and Monitoring OSHA Occupational Safety and Health Administration PID Photoionization Detector PRR Periodic Review Report QA/QC Quality Assurance/Quality Control QAPP Quality Assurance Project Plan RAO Remedial Action Objective RAWP Remedial Action Work Plan RCRA Resource Conservation and Recovery Act RI/FS Remedial Investigation/Feasibility Study ROD Record of Decision RP Remedial Party RSO Remedial System Optimization SCG Standards, Criteria, and Guidelines SCO Soil Cleanup Objective SMP Soil Management Plan SOP Standard Operating Procedures

0294-013-001 B T K SITE MANAGEMENT PLAN 402 and 430 BUFFALO AVENUE SITE

List of Acronyms

SOW Statement of Work SPDES State Pollutant Discharge Elimination System TAL Target Analyte List TCL Target Compound List TCLP Toxicity Characteristic Leachate Procedure USEPA United States Environmental Protection Agency UST Underground Storage Tank

0294-013-001 B T K SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

EXECUTIVE SUMMARY The following provides a brief summary of the controls implemented for 430 Buffalo Avenue, as well as the inspections, monitoring, maintenance and reporting activities required by this Site Management Plan (SMP). The 402 and 430 Buffalo Avenue BCP Site is comprised of three (3) parcels, including 401 Buffalo Avenue, 402 Buffalo Avenue, and 430 Buffalo Avenue. The completed remedial activities on 401 and 402 Buffalo Avenue achieved Residential Use cleanup objectives, and as such, do not require controls. This SMP is prepared specifically to summarize the controls for the 430 Buffalo Avenue portion of the BCP Site.

Site Identification: BCP Site #C932164 - 402 and 403 Buffalo Avenue Site

Institutional Controls: 1. The 430 Buffalo Avenue parcel property may be used for restricted residential, commercial, and industrial use as described in 6NYCRR Part 375-1.8(g), although land is subject to local zoning laws;. 2. All ECs must be inspected at a frequency and in a manner defined in the SMP.

Engineering Controls: 1. 430 Buffalo Avenue – Soil Cover system

Inspections: Frequency

1. 430 Buffalo Avenue – Soil Cover Inspection Annually

Reporting:

1. Annual Site Inspection (430 Buffalo Avenue) Annually

2. Periodic Review Report Annually

Further descriptions of the above requirements are provided in detail in the latter sections of this Site Management Plan.

ES-1 0294-013-001 B T K SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

1.0 INTRODUCTION This Site Management Plan (SMP) is a required element of the remedial program for the 402 and 430 Buffalo Avenue Site located in Niagara Falls, New York (hereinafter referred to as the “Site”; see Figure 1). The Site is currently in the New York State (NYS) Brownfield Cleanup Program (BCP), Site No. C932164 which is administered by New York State Department of Environmental Conservation (NYSDEC).

1.1 General The Volunteer, Merani Hospitality, Inc. (Merani) entered into a Brownfield Cleanup Agreement (BCA) on August 14, 2014, and amended on November 12, 2014, with the NYSDEC to remediate the site. The boundaries of the site are more fully described in the metes and bounds site description that is part of the Environmental Easement provided in Appendix A. After completion of the remedial work, some contamination was left at the site, which is hereafter referred to as “remaining contamination.” Institutional and Engineering Controls (ICs and ECs) have been incorporated into the site remedy to control exposure to remaining contamination to ensure protection of public health and the environment. An Environmental Easement granted to the NYSDEC, and recorded with the Niagara County Clerk, requires compliance with this SMP and all ECs and ICs placed on the site. This SMP was prepared to manage remaining contamination at the site until the Environmental Easement is extinguished in accordance with ECL Article 71, Title 36. This plan has been approved by the NYSDEC, and compliance with this plan is required by the grantor of the Environmental Easement and the grantor’s successors and assigns. This SMP may only be revised with the approval of the NYSDEC. It is important to note that:  This SMP details the site-specific implementation procedures that are required by the Environmental Easement. Failure to properly implement the SMP is a violation of the Environmental Easement, which is grounds for revocation of the Certificate of Completion (COC);  Failure to comply with this SMP is also a violation of Environmental Conservation Law, 6NYCRR Part 375 and the BCA (Index #C932164-05-14; Site #C932164) for the site, and thereby subject to applicable penalties.

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All reports associated with the site can be viewed by contacting the NYSDEC or its successor agency managing environmental issues in New York State. A list of contacts for persons involved with the site is provided in Table 1 of this SMP. This SMP was prepared by Benchmark Environmental Engineering and Science, PLLC (Benchmark), in association with TurnKey Environmental Restoration, LLC (TurnKey), on behalf of Merani Hospitality, Inc., in accordance with the requirements of the NYSDEC’s DER-10 (“Technical Guidance for Site Investigation and Remediation”), dated May 2010, and the guidelines provided by the NYSDEC. This SMP addresses the means for implementing the ICs and/or ECs that are required by the Environmental Easement for the site.

1.2 Revisions Revisions to this plan will be proposed in writing to the NYSDEC’s project manager. Revisions will be necessary upon, but not limited to, the following occurring: a change in media monitoring requirements, upgrades to or shut-down of a remedial system, post- remedial removal of contaminated sediment or soil, or other significant change to the site conditions. In accordance with the Environmental Easement for the site, the NYSDEC will provide a notice of any approved changes to the SMP, and append these notices to the SMP that is retained in its files.

1.3 Notifications Notifications will be submitted by the property owner to the NYSDEC, as needed, in accordance with NYSDEC DER–10 for the following reasons:  60-day advance notice of any proposed changes in site use that are required under the terms of the BCA, 6NYCRR Part 375, and/or Environmental Conservation Law.  7-day advance notice of any field activity associated with the remedial program.  15-day advance notice of any proposed ground-intrusive activity pursuant to the Excavation Work Plan.

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 Notice within 48-hours of any damage or defect to the foundation, structures, or EC that reduces or has the potential to reduce the effectiveness of an EC, and likewise, any action to be taken to mitigate the damage or defect.  Verbal notice by noon of the following day of any emergency, such as a fire; flood; or earthquake that reduces or has the potential to reduce the effectiveness of ECs in place at the site, with written confirmation within 7 days that includes a summary of actions taken, or to be taken, and the potential impact to the environment and the public.  Follow-up status reports on actions taken to respond to any emergency event requiring ongoing responsive action submitted to the NYSDEC within 45 days describing and documenting actions taken to restore the effectiveness of the ECs.

Any change in the ownership of the site or the responsibility for implementing this SMP will include the following notifications:

 At least 60 days prior to the change, the NYSDEC will be notified in writing of the proposed change. This will include a certification that the prospective purchaser/Remedial Party has been provided with a copy of the Brownfield Cleanup Agreement (BCA), and all approved work plans and reports, including this SMP.  Within 15 days after the transfer of all or part of the site, the new owner’s name, contact representative, and contact information will be confirmed in writing to the NYSDEC.

Table 1 (below) includes contact information for the above notification. The information on this table will be updated as necessary to provide accurate contact information.

Table 1: Notifications* Name Contact Information (716) 851-7220 NYSDEC Project Manager: [email protected] Michael Hinton, P.E.

NYSDEC Regional Engineer: (716) 851-7220 Gregory Sutton, P.E. [email protected]

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NYSDEC Site Control 518-402-9543 Kelly Lewandowski, P.E. [email protected]

* Note: Notifications are subject to change and will be updated as necessary.

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2.0 SUMMARY OF PREVIOUS INVESTIGATION & REMEDIAL ACTIONS

2.1 Site Location and Description The Site is located the City of Niagara Falls, Niagara County, New York, is comprised of three (3) adjacent parcels identified as:

 401 Buffalo Avenue, S.B.L. # 159.13-2-9, 3.8 acres  402 Buffalo Avenue, S.B.L. # 159.54-1-46, 0.35 acres  430 Buffalo Avenue, S.B.L. # 159.54-1-45, 2.05 acres

The separate parcels and Section-Block-Lot (SBL) numbers are provided on Figure 2. The total Site is approximately 6.2 acres and is bounded by 4th Street to the west, 6th Street and Holly Place to the east, a public alleyway from 4th Street to 6th Street to the north, and the Robert Moses State Parkway with the Niagara River beyond to the south. Buffalo Avenue intersects the BCP Site from east to west (see Figure 2). The boundaries of the controlled portion of the Site (430 Buffalo Avenue parcel) are more fully described in Environmental Easement, attached in Appendix A. The owner of the site parcel(s) at the time of issuance of this SMP is:

Merani Hospitality, Inc. 7001 Buffalo Avenue Niagara Falls, New York

2.2 Physical Setting

2.2.1 Land Use The BCP Site consists of three (3) parcels, including: 401 Buffalo Avenue on the southern portion of the Site, and 402 and 430 Buffalo Avenue on the northern portion of the Site. The Site has a mixed land use, including a former hotel and conference center on the 401 Buffalo Avenue parcel, and vacant (former commercial-industrial) on the 402 and

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430 Buffalo Avenue parcels. The Site is currently zoned for R-3 Multi-family and R4 – Heritage by the City of Niagara Falls Zoning Map. The southern portion of the Site, 401 Buffalo Avenue, is currently being redeveloped with a new hotel complex, and the 402 and 430 Buffalo Avenue parcels are currently vacant (see Figure 2). The properties adjoining the Site and in the neighborhood surrounding the Site primarily include mixed use commercial and residential areas of the City of Niagara Falls. The Site is surrounded by commercial and residential properties to the north, Robert Moses Parkway to the south with the Niagara River beyond, residential properties are located adjacent to the site to the east across Holly Place, and to the west across 4th Street (see Figure 2).

2.2.2 Geology

Overburden The U.S. Department of Agriculture (USDA), Soil Conservation Service soil survey map of Niagara County, shows the Site is located within an un-surveyed area. Based on the Remedial Investigation (RI), the 401 and 402 Buffalo Avenue parcels overburden generally consists of sandy lean clay, with fill noted to depths of up to 8 fbgs in select locations. The 430 Buffalo Avenue parcel is generally described as fill materials, ranging to depths of 7 fbgs (former concrete slab ranging from 3 to 7 fbgs), with varying amounts of sand and silty clay. Site specific boring logs are provided in Appendix C.

Bedrock Based on the bedrock geologic map of Niagara County New York, the Niagara Falls region is underlain by Silurian and Devonian age stratified limestone, dolomite, and shale of marine origin. The bedrock is virtually flat lying, with a gentle dip to the south of only about 30 to 40 feet per mile and exhibits only very gentle folding. During the RI, refusal (assumed bedrock) was encountered between 10 fbgs and greater than 18 fbgs (extent of RI investigation). Based on a 2013 Empire Geo-Services, Inc. (Empire) geotechnical report completed on the 401 Buffalo Avenue parcel, bedrock was encountered between 9.8 and 28.3 fbgs.

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2.2.3 Hydrogeology The Site is located approximately 500 feet north of the Niagara River, and less than 0.5-miles from Niagara Falls. Based on the findings of the RI, overburden groundwater was encountered at depths ranging from five (5) to greater than 11 fbgs, with the exception of MW-7 which was dry. The Site hydrogeology is complicated by the presence of municipal subgrade utilities surrounding the Site, particularly along Buffalo Avenue that intersects the Site, and the presence of the elevated Robert Moses Parkway to the south. In general, localized groundwater flow was estimated to flow in a southern direction toward the Niagara River. A groundwater isopotential map including groundwater elevation data is shown in Figure 3. Groundwater monitoring well construction logs are provided in Appendix C.

2.3 Investigation History

2.3.1 November 2013 Limited Phase II Environmental Investigation Report and December 2013 Supplemental Phase II Site Assessment TurnKey Environmental Restoration (TurnKey) completed a Limited Phase II Subsurface Environmental Investigation on the 401, 402, & 430 Buffalo Avenue Site, and the findings are summarized below:  NYSDEC Spill No. 1312160 was assigned to the Site related to the vandalism/destruction of electrical transformers;  Visual evidence of similar historic subsurface fill materials across the Site on both the north and south sides of Buffalo Avenue;  Elevated polycyclic aromatic hydrocarbons (PAHs) above Part 375 Unrestricted, Restricted Residential and Commercial Use SCOs across the Site;  Elevated metals, including barium and lead, above the Part 375 Unrestricted, Restricted Residential and Commercial Use SCOs across the Site;  Oil-containing former hotel operation equipment in the basement, including compressors, elevator equipment, and transformers;  Presence of hazardous chemicals, including corrosive boiler chemicals, solvents, lubricants, degreasers, paints, thinners, hydraulic oils and maintenance equipment fuels, pesticides and herbicides, pool and water treatment chemicals;  Universal and e-waste throughout the building.

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2.3.2 September 2014 – 401 Buffalo Avenue Supplemental Investigation TurnKey completed a pre-demolition supplemental investigation at the 401 Buffalo Avenue parcel and the findings are summarized below:

 Elevated PAHs above Part 375 Unrestricted, Restricted-Residential and/or Commercial Use SCOs were detected on-Site.  Elevated metals above Part 375 Unrestricted, Restricted Residential, and/or Commercial Use SCOs were detected on-Site.  Based on the radiological screening results, elevated radiologic material (slag) is present on Site.

2.3.3 BCP Remedial Investigation (RI) A remedial investigation (RI) was performed at the Site in accordance with the approved RI-AA Work Plan (November 2014). The purpose of the investigation was to more fully define the nature and extent of contamination on the BCP Site, and to collect data of sufficient quantity and quality to perform the remedial alternatives evaluation. The field investigations were completed across the BCP Site to delineate areas requiring remediation. On-Site field activities included surface and subsurface soil sampling, monitoring well installation, groundwater sampling, and collection of hydrogeologic data. Sample locations are presented on Figure 4. Below is a summary of site conditions when the RI was completed between November 2014 and April 2015.

Transformer Room - PCB Investigation Results Three (3) PCB wipe samples were collected, including two (2) floor wipe samples, identified as Wipe Sample 1 and Wipe Sample 2, and one (1) interior cavity transformer housing sample, identified as Housing 103. Analytical results indicate that the transformer oil was PCB-containing. Analytical results are reported by the laboratory as microgram- absolute (ug/Abs), with results being representative of a 100 centimeters square (cm-sq.) wipe sampling area; therefore, samples results are ug/100 cm-sq (see Table 2). Conversion of the wipe sample results to milligrams per kilogram (mg/Kg), or parts-per-million (ppm), is provided in 40CFR761; whereby wipe samples results less than 10 ug/100 cm-sq. is

8 B T K 0294-013-001 SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164 equivalent to less than 50 ppm, sample results between 10-100 ug/100 cm-sq. is equivalent to greater than 50 ppm and less than 500 ppm, and values greater than 100 ug/100 cm-sq. is equivalent to greater than 500 ppm. The equivalent regulatory value for Wipe Sample 1 is between 50 and 500 ppm, with Wipe Sample 2 and Housing 103 sample results indicating a value of greater than 500 ppm equivalents. Based on the analytical results, the NYSDEC and the National Response Hotline was notified of the spill.

Site-Wide Gamma Walkover Radiologic field screening was completed during the RI by licensed radiologic subcontractor across the entire BCP Site. Several areas of elevated readings above site background of 6,000-8,000 counts per minute (CPM) were identified on both the northern (402 Buffalo Avenue) and southern (401 Buffalo Avenue) portions of the Site during the pre-demolition gamma walkover. An area beneath the asphalt lot on 402 Buffalo Avenue was identified to have elevated readings ranging from 20,000 to 45,000 cpm. Several locations were identified on the 401 Buffalo Avenue parcel to be slightly above background, ranging from 10,000-16,000 cpm, in addition to the previously identified pool area. Several areas located off-site were also identified during the gamma walkover (see Figure 4).

Soil/Fill Investigation Results A total of seven (7) surface soil samples, and 32 subsurface soil samples were advanced across the Site.  Based on the surface soil data, no SVOCs, PCBs, pesticides or herbicides were detected above RRSCOs, with the vast majority being reported as non-detect or estimated values by the laboratory. RI results identified only arsenic, slightly above its RRSCO at SS-2 (see Table 3).  Based on the subsurface soil data, no VOCs, PCBs, pesticides or herbicides were detected above Unrestricted Use SCOs. Certain PAHs and metals were detected above their respective RRSCOs. Lead was detected above its Industrial Use SCO in TP-3, located on the 430 Buffalo Avenue parcel (see Table 4).

Groundwater Investigation Results A total of ten (10) groundwater monitoring wells were installed across the BCP Site.

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 Based on the groundwater data, no PCBs or herbicides were detected above GWQS. Certain VOCs, PAHs, metals and pesticides were detected slightly above their GWQS (see Table 5).

2.4 Remedial History Merani Hospitality prepared and submitted a 401 Buffalo Avenue Interim Remedial Measures (IRM) Work Plan (December 2014) to detail planned remedial activities. Based on the results of the RI, additional IRMs were completed on the 401 Buffalo Avenue parcel, in accordance with the approved work plan, and in consultation with the Department. An Addendum to the IRM Work Plan (July 2015) was submitted to the NYSDEC detailing the planned remedial excavations on the 402 and 430 Buffalo Avenue parcels. The addendum was approved on September 30, 2015. Details of the completed IRMs are presented below, and more fully documented in the Final Engineering Report (FER).

2.4.1 401 Buffalo Avenue – Interim Remedial Measures

Chemical Waste Prior to demolition, chemicals wastes from within the 3-story and 4-story sections of the building were collected, properly decontaminated of potential ACM, and temporarily stockpiles in on-Site storage container. Benchmark-TurnKey inspected the consolidated chemical wastes, completed appropriate waste analysis and profiling, segregation and repackaging, and off-site shipment for disposal and/or recycling. The chemicals wastes included; flammable aerosols, lead acid batteries, mercury containing compact fluorescents lamps, petroleum oils, lubricants, oil-based paints, off-spec boiler treatment and commercial laundry chemicals, and out-of-service fire extinguishers. Chemical wastes were segregated, appropriately containerized by waste category, and transported off-site for disposal and/or recycling on May 13, 2015.

Radiologic Material Activities Prior to excavation of elevated radiologic activity slag, GRD conducted an on-Site Radiologic Safety Training for all individuals involved in the excavation and oversight of the Radiologic Material IRM on April 6, 2015.

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During pool area demolition, GRD provided field screening and segregation and stockpiling of elevated material. Pool area was demolished, and elevated radiologic material was excavated and temporarily stockpiled in accordance with the work plan on the lower parking lot along 4th Street on April 10, 2015 (see Figure 5A). Select areas of elevated radiologic activity were identified on-Site during the RI. On April 11, 2015, these areas identified in the upper parking lot along Buffalo Avenue were excavated and stockpiled on the upper parking lot. GRD completed post-removal field screening, and no elevated readings above background were identified on the 401 Buffalo Avenue parcel. On May 1, 2015, 72.5 tons of elevated radiologic slag material was loaded and transported off-site for disposal at WM’s Mahoning Landfill, located in New Springfield, Ohio. GRD completed post-removal clearance screening of equipment used in the excavation and loading, and post-removal screening of the stockpile areas. No results above background were detected.

Petroleum- Impacted Soil/Fill Activities During demolition of subgrade structures of the former 3-story building, an area of suspect petroleum impacts was identified and the Department was notified (see Figure 5A). On April 14, 2015, the area of suspect petroleum impacted soil/fill was excavated and stockpiled on-Site, in accordance with the approved work plan. During the excavation, a former pipe of unknown origin/use was identified. The pipe and petroleum-impacted bedding soil/fill was removed and temporarily stockpiled. Post-excavation PID readings were less than 1 ppm, and three (3) post-excavation samples were collected from the excavation trench (see Figure 5A). Post-excavation analytical results were below USCOs (see Table 6). On June 3, 2015, 41.5 tons of petroleum-impacted soil/fill was loaded and transported off-site by RE Lorenz for disposal at Modern Landfill, located in Model City New York.

Metals Impacted Soil/Fill Activities Based on the RI and historic investigations, surface soil/fill in the 401 Buffalo Avenue parking lot vegetated island was elevated for lead. In total, 454 tons of

11 B T K 0294-013-001 SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164 contaminated soil was excavated, direct loaded and transported off-site by RE Lorenz for disposal at Modern Landfill, located in Model City, New York. Post-excavation analytical results are below USCOs (see Table 7). During demolition of the pool, a grey-blackish material was discovered underneath the deep end of the pool. In consultation with the Department, the material was sampled and analyzed for SVOCs, metals and PCBs. Analytical results indicated elevated metals, specifically arsenic exceeding CSCOs. On June 3rd and 4th, 2015, 219 tons of grey-black soil material was excavated, direct loaded, and transported off-site by RE Lorenz for disposal at Modern Landfill, located in Model City, New York. Post-excavation analytical results are below USCOs (see Table 7). After completion of the pool area IRM excavation, Merani, in consultation with the Department, elected to address arsenic impacts identified in the SS-2 area. In total, 43.5 tons of soil was excavated, direct loaded and transported off-site by RE Lorenz for disposal at Modern Landfill. Post-excavation confirmatory analytical results are below USCOs (see Table 7).

Transformer Room – PCB Activities After completion of ACM abatement, the Transformer Room IRM activities were completed from July 16 through July 27, 2015. Prior to remedial activities, Total Wrecking constructed plastic containment areas on the floor and walls adjacent to the transformer room. Remedial activities included: removal and off-site disposal of non-load bearing interior concrete block walls and the concrete floor; excavation and off-site disposal of underlying subbase and soil; collection of post-excavation confirmatory soil samples; and, PCB wipe samples of structural concrete footers and walls. Post-excavation analytical results are below Residential Use SCOs (see Tables 8 and 9, and Figure 5B). During remedial activities, a pipe of unknown origin or use (assumed to be an interior downspout for a former roof drain) was discovered under the concrete slab. Contents of the pipe were sampled for PCBs, with results below Residential Use SCOs (see Table 8). Additionally, an inspection of the exterior concrete access pit, accessible from a man door located within the transformer room was inspected. The concrete appeared competent with no staining or evidence of impacts noted.

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In total, 41.5 tons of PCB-impacted concrete and soil was directly loaded into lined roll-offs, covered, placarded, and transported by a licensed transporter to Chemical Waste Management, Inc. (CWM) Landfill, located in Model City, New York. Three (3) former transformer housings and eight (8) drums of transformer windings were properly packaged, placarded, and transported off-site by a licensed transporter for disposal at CWM Model City Landfill, located in Model City, New York. Two (2) drums of PCB-impacted sorbent rags, spill pads and containment materials were properly packaged, placarded and transported off- site by licensed transporter for disposal at CWM Model City Landfill, located in Model City, New York.

2.4.2 402 and 430 Buffalo Avenue Interim Remedial Measures

430 Buffalo Avenue IRM – TP-3 Excavation Area In total, 616 tons of non-hazardous lead-impacted soil/fill was excavated and transported off-site by RE Lorenz for disposal at Modern Landfill, located in Model City NY. Post-excavation lead sample results were below RRSCOs, with two minor exceptions. Individual PAHs are present above CSCOs, however, Total PAHs were less than 100 ppm, with one exception (see Table 10 and Figure 6). Residual constituents remaining above Restricted Residential Use SCOs on the 430 Buffalo Avenue parcel are beneath the soil cover system and will be managed under the DEC-approved SMP.

402 Buffalo Avenue IRM - Radiologic Material Activities. In total, 1,180 tons of TENORM slag-fill, primarily associated with the asphalt and subbase, was removed, temporarily stockpiled, loaded and transported off-site to Austin Master Services’, licensed radiologic handling facility, located in Martins Ferry, Ohio, and trans-loaded for shipment and disposal at Energy Solutions licensed landfill, located in Clive, Utah. Post-removal radiologic screening was completed and confirmed that the remedial activities achieved site background levels (see Figure 7). Post-removal screening details and disposal documents are provided in the Final Engineering Report (FER).

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2.5 Remedial Action Objectives The development of an appropriate remedial approach begins with definition of site- specific Remedial Action Objectives (RAOs) to address substantial public health and significant environmental issues identified during remedial investigations. In developing the RAOs, consideration is given to the reasonably anticipated future use of the Property (i.e., commercial) and the applicable SCGs. Per DER-10, generic RAOs appropriate for the Site include:

2.5.1 Soil: RAOs for Public Health Protection  Prevent ingestion/direct contact with contaminated soil/fill. RAOs for Environmental Protection  Prevent migration of contaminants that would result in groundwater or surface water contamination.

2.5.2 Groundwater: RAOs for Public Health Protection  Prevent ingestion of groundwater with contaminant levels exceeding drinking water standards.  Prevent ingestion of and/or direct contact with groundwater containing contaminant levels exceeding SCGs.

2.6 Remaining Contamination Based on the completed remedial measures, 401 Buffalo Avenue and 402 Buffalo Avenue achieved Track 2 Residential Use cleanups, and 430 Buffalo Avenue achieved a Track 4 Restricted Residential Use cleanup. Residual contamination remaining at the Site includes certain PAHs and metals impacted soil/fill beneath the cover system on the 430 Buffalo Avenue parcel. Potential exposure is mitigated due the depth of the contaminant, completion of the remedial activities, as described above, and construction of a cover system.

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2.6.1 Remaining On-Site Soil/Fill Select soil/fill remaining beneath the cover system on 430 Buffalo Avenue exceeds the Unrestricted, Restricted-Residential and Commercial Use SCOs (see Table 11 and Figure 8).

2.6.2 Remaining On-Site Groundwater Based on the RI groundwater data, the vast majority of analytes were detected below GWQS. Certain VOCs, SVOCs, one metal and one pesticide were detected slightly above their GWQS. No PCBs or herbicides were detected above GWQS. Table 5 summarizes the RI groundwater results, and Figure 3 identifies well locations.

15 B T K 0294-013-001 SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

3.0 INSTITUTIONAL & ENGINEERING CONTROL PLAN The 401 and 402 Buffalo Avenue parcels have been remediated to achieve Track 2 Residential Use cleanup; therefore, no Environmental Easement, institutional controls, or engineering controls are required for the 401 and 402 Buffalo Avenue parcels.

3.1 General Since remaining contamination exists on the 430 Buffalo Avenue parcel, Institutional Controls (ICs) and Engineering Controls (ECs) are required to protect human health and the environment. This IC/EC Plan describes the procedures for the implementation and management of all IC/ECs at the site. The IC/EC Plan is one component of the SMP and is subject to revision by the NYSDEC. This plan provides:  A description of all IC/ECs on the site;  The basic implementation and intended role of each IC/EC;  A description of the key components of the ICs set forth in the Environmental Easement;  A description of the controls to be evaluated during each required inspection and periodic review;  A description of plans and procedures to be followed for implementation of IC/ECs, such as the implementation of the Excavation Work Plan (EWP) (as provided in Appendix B) for the proper handling of remaining contamination that may be disturbed during maintenance or redevelopment work on the site; and  Any other provisions necessary to identify or establish methods for implementing the IC/ECs required by the site remedy, as determined by the NYSDEC.

3.2 Institutional Controls A series of ICs are required by the Decision Document to: (1) maintain and monitor the Site; (2) prevent future exposure to remaining contamination; and, (3) limit the use and development of the 430 Buffalo Avenue parcel to restricted residential uses only. ICs on the site is required by the Environmental Easement and will be implemented under this SMP.

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ICs identified in the Environmental Easement may not be discontinued without an amendment to or extinguishment of the Environmental Easement. These ICs are:  The property may be used for : restricted residential; commercial, and or industrial use;  All ECs must be operated and maintained as specified in this SMP;  All ECs must be inspected at a frequency and in a manner defined in the SMP.  The use of groundwater underlying the property is prohibited without necessary water quality treatment as determined by the NYSDOH or the Niagara County DOH;  Groundwater and other environmental or public health monitoring must be performed as defined in this SMP;  Data and information pertinent to site management must be reported at the frequency and in a manner as defined in this SMP;  All future activities that will disturb remaining contaminated material must be conducted in accordance with this SMP;  Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in this SMP;  Monitoring, inspection, and reporting of any mechanical or physical component of the remedy shall be performed as defined in this SMP;  Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by the Environmental Easement.  Vegetable gardens and farming on the site are prohibited.

3.3 Engineering Controls

3.3.1 Cover System Exposure to remaining contamination on the 430 Buffalo Avenue parcel is prevented by the construction of a soil cover system. This cover system is comprised of a minimum of 24 inches of clean soil placed above orange plastic demarcation fabric. Figures 9 and 10

17 B T K 0294-013-001 SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164 present the location of the cover system, construction details, and cover thickness verification survey results. The Excavation Work Plan (EWP) provided in Appendix B outlines the procedures required to be implemented in the event the cover system is breached, penetrated, or temporarily removed, and any underlying remaining contamination is disturbed. Procedures for the inspection of this cover are provided in the Monitoring and Sampling Plan included in Section 4.0 of this SMP. Any work conducted pursuant to the EWP must also be conducted in accordance with the procedures defined in a Health and Safety Plan (HASP) and associated Community Air Monitoring Plan (CAMP) prepared for the site and provided in Appendix D.

3.3.2 Criteria for Completion of Remediation/Termination of Remedial Systems Generally, remedial processes are considered completed when monitoring indicates that the remedy has achieved the remedial action objectives identified by the decision document. The framework for determining when remedial processes are complete is provided in Section 6.4 of NYSDEC DER-10.

Cover System The soil cover system is a permanent control and the quality and integrity of this system will be inspected at defined, regular intervals (annually) in accordance with this SMP in perpetuity.

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4.0 MONITORING PLAN

4.1 General This Monitoring and Sampling Plan describes the measures for evaluating the overall performance and effectiveness of the remedy. This Monitoring and Sampling Plan may only be revised with the approval of the NYSDEC. This Monitoring Plan describes the methods to be used for:  Assessing compliance with applicable NYSDEC standards, criteria and guidance (SCGs); and,  Evaluating site information periodically to confirm that the remedy continues to be effective in protecting public health and the environment;

To adequately address these issues, this Monitoring Plan provides information on:  Annual inspection and periodic certification.

Reporting requirements are provided in Section 7.0 of this SMP.

4.2 Cover System Inspection Cover system inspections will be performed at a minimum of once per year. Modification to the frequency or duration of the inspections will require approval from the NYSDEC. Cover System inspections will also be performed after all severe weather conditions that may affect ECs or monitoring devices. During these inspections, an inspection form will be completed as provided in Appendix E – Site Management Forms. The form will compile sufficient information to assess the following:  Compliance with all ICs, including site usage;  An evaluation of the condition and continued effectiveness of ECs;  General site conditions at the time of the inspection;  The site management activities being conducted including, where appropriate, confirmation sampling and a health and safety inspection; and  Confirm that site records are up to date.

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Inspections of all remedial components installed at the site will be conducted. A comprehensive site-wide inspection will be conducted and documented according to the SMP schedule, regardless of the frequency of the Periodic Review Report. The inspections will determine and document the following:  Whether ECs continue to perform as designed;  If these controls continue to be protective of human health and the environment;  Compliance with requirements of this SMP and the Environmental Easement;  Achievement of remedial performance criteria; and  If site records are complete and up to date.

Reporting requirements are outlined in Section 7.0 of this plan.

Inspections will also be performed in the event of an emergency. If an emergency, such as a natural disaster or an unforeseen failure of any of the ECs occurs that reduces or has the potential to reduce the effectiveness of ECs in place at the site, verbal notice to the NYSDEC must be given by noon of the following day. In addition, an inspection of the site will be conducted within 5 days of the event to verify the effectiveness of the IC/ECs implemented at the site by a qualified environmental professional, as determined by the NYSDEC. Written confirmation must be provided to the NYSDEC within 7 days of the event that includes a summary of actions taken, or to be taken, and the potential impact to the environment and the public.

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5.0 OPERATION & MAINTENANCE PLAN

5.1 General The site remedy does not rely on any mechanical systems to protect public health and the environment. Therefore, the operation and maintenance of such components is not included in this SMP.

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6.0 PERIODIC ASSESSMENTS/EVALUATIONS

6.1 Climate Change Vulnerability Assessment Increases in both the severity and frequency of storms/weather events, an increase in sea level elevations along with accompanying flooding impacts, shifting precipitation patterns and wide temperature fluctuation, resulting from global climactic change and instability, have the potential to significantly impact the performance, effectiveness and protectiveness of a given site and associated remedial systems. Vulnerability assessments provide information so that the site and associated remedial systems are prepared for the impacts of the increasing frequency and intensity of severe storms/weather events and associated flooding. The subject site is considered to have low vulnerability related to climatic conditions. There are no State or Federal wetlands or floodplains located on the Site. The site will not employ any remedial systems reliant upon electrical power; the site is serviced by municipal sewer system (combined storm and sanitary); and will not incorporate any petroleum or bulk storage in the redevelopment. In addition, the Site has been covered with hardscape (asphalt and concrete), and DER-10 compliant cover system. As such, acute cover system erosion to a depth greater than the 24-inch minimum thickness cover system, and the resultant potential exposure to remaining contamination, is highly unlikely.

6.2 Green Remediation Evaluation NYSDEC’s DER-31 Green Remediation requires that green remediation concepts and techniques be considered during all stages of the remedial program including site management, with the goal of improving the sustainability of the cleanup and summarizing the net environmental benefit of any implemented green technology. This section of the SMP provides a summary of any green remediation evaluations to be completed for the site during site management, and as reported in the Periodic Review Report (PRR). No mechanical engineering systems are included in the SMP. The only engineering control established for the Site is the cover system. The maintenance of the cover system is not anticipated to generate additional waste, use energy, produce emissions, or require

22 B T K 0294-013-001 SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164 additional water for vegetative cover, and/or affect any ecosystem beyond the current conditions.

6.3 Remedial System Optimization A Remedial Site Optimization (RSO) study will not be required for the Site, as no active remedial systems are included in the remedy. The only engineering control at the Site is the cover system.

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7.0 REPORTING REQUIREMENTS

7.1 Site Management Reports All site management inspection, maintenance, and monitoring events will be recorded on the appropriate site management forms provided in Appendix E. These forms are subject to NYSDEC revision. All applicable inspection forms and other records, including media sampling data and system maintenance reports, generated for the site during the reporting period will be provided in electronic format to the NYSDEC in accordance with the requirements of Table 10 and summarized in the Periodic Review Report.

Table 12: Schedule of Interim Monitoring/Inspection Reports Task/Report Reporting Frequency*

Annual Cover System Inspection Annually

Annually, or as otherwise determined by the Periodic Review Report Department

* The frequency of events will be conducted as specified until otherwise approved by the NYSDEC.

All interim monitoring/inspections reports, if necessary, will include, at a minimum:  Date of event or reporting period;  Name, company, and position of person(s) conducting monitoring/inspection activities;  Description of the activities performed;  Where appropriate, color photographs or sketches showing the approximate location of any problems or incidents noted (included either on the checklist/form or on an attached sheet);  Type of samples collected (e.g., sub-slab vapor, indoor air, outdoor air, etc.), if any;  Copies of all field forms completed (e.g., well sampling logs, chain-of-custody documentation, etc.);

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 Sampling results in comparison to appropriate standards/criteria;  A figure illustrating sample type and sampling locations;  Copies of all laboratory data sheets and the required laboratory data deliverables required for all points sampled (to be submitted electronically in the NYSDEC- identified format);  Any observations, conclusions, or recommendations; and,  A determination as to whether contaminant conditions have changed since the last reporting event.

Routine maintenance event reporting forms will include, at a minimum:  Date of event;  Name, company, and position of person(s) conducting maintenance activities;  Description of maintenance activities performed;  Any modifications to the system;  Where appropriate, color photographs or sketches showing the approximate location of any problems or incidents noted (included either on the checklist/form or on an attached sheet); and,  Other documentation such as copies of invoices for maintenance work, receipts for replacement equipment, etc., (attached to the checklist/form).

Non-routine maintenance event reporting forms will include, at a minimum:  Date of event;  Name, company, and position of person(s) conducting non-routine maintenance/repair activities;  Description of non-routine activities performed;  Where appropriate, color photographs or sketches showing the approximate location of any problems or incidents (included either on the form or on an attached sheet); and,  Other documentation such as copies of invoices for repair work, receipts for replacement equipment, etc. (attached to the checklist/form).

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Data will be reported in digital format as determined by the NYSDEC. Currently, data is to be supplied electronically and submitted to the NYSDEC EQuISTM database in accordance with the requirements found at this link http://www.dec.ny.gov/chemical/62440.html.

7.2 Periodic Review Report A Periodic Review Report (PRR) will be submitted to the Department beginning approximately sixteen (16) months after the Certificate of Completion is issued, anticipated to be due no earlier than June 2017. After submittal of the initial Periodic Review Report, the next PRR shall be submitted triennially (every third year) to the Department or at another frequency as may be required by the Department. In the event that the site is subdivided into separate parcels with different ownership, a single Periodic Review Report will be prepared that addresses the site described in Appendix A -Environmental Easement. The report will be prepared in accordance with NYSDEC’s DER-10 and submitted within 30 days of the end of each certification period. Media sampling results will also be incorporated into the Periodic Review Report. The report will include:

 Identification, assessment, and certification of all ECs/ICs required by the remedy for the site.  Results of the required annual site inspections and severe condition inspections, if applicable.  All applicable site management forms and other records generated for the site during the reporting period in the NYSDEC-approved electronic format, if not previously submitted.  Results of all analyses, copies of all laboratory data sheets, and the required laboratory data deliverables for all samples collected during the reporting period will be submitted in digital format as determined by the NYSDEC. Currently, data is supplied electronically and submitted to the NYSDEC EQuISTM database in accordance with the requirements found at this link: http://www.dec.ny.gov/chemical/62440.html.  A site evaluation, which includes the following: o The compliance of the remedy with the requirements of the site-specific Decision Document;

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o The operation and the effectiveness of cover system, including identification of any needed repairs or modifications; o Any new conclusions or observations regarding site contamination based on inspections; o Recommendations regarding any necessary changes to the remedy and/or Monitoring Plan o Determination if the remedy continues to be effective in achieving remedial goals as specified by the Decision Document; and, o The overall performance and effectiveness of the remedy.

7.2.1 Certification of Institutional and Engineering Controls Following the last inspection of the reporting period, a [qualified environmental professional will prepare, and include in the Periodic Review Report, the following certification as per the requirements of NYSDEC DER-10:

“For each institutional or engineering control identified for the site, I certify that all of the following statements are true:  The inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under my direction;  The institutional control and/or engineering control employed at this site is unchanged from the date the control was put in place, or last approved by the Department;  Nothing has occurred that would impair the ability of the control to protect the public health and environment;  Nothing has occurred that would constitute a violation or failure to comply with any site management plan for this control;  Access to the site will continue to be provided to the Department to evaluate the remedy, including access to evaluate the continued maintenance of this control;  If a financial assurance mechanism is required under the oversight document for the site, the mechanism remains valid and sufficient for the intended purpose under the document;  Use of the site is compliant with the environmental easement;  The engineering control systems are performing as designed and are effective;

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 To the best of my knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program; and,  The information presented in this report is accurate and complete.

I certify that all information and statements in this certification form are true. I understand that a false statement made herein is punishable as a Class “A” misdemeanor, pursuant to Section 210.45 of the Penal Law. I, [name], of [business address], am certifying as [Owner/Remedial Party or Owner’s/Remedial Party’s Designated Site Representative] for the site.”

In addition, every five years the following certification will be added:  The assumptions made in the qualitative exposure assessment remain valid.

The signed certification will be included in the Periodic Review Report.

The Periodic Review Report will be submitted, in electronic format, to the NYSDEC Central Office, Regional Office in which the site is located, and the NYSDOH Bureau of Environmental Exposure Investigation. The Periodic Review Report may need to be submitted in hard-copy format, as requested by the NYSDEC project manager.

7.3 Corrective Measures Work Plan If any component of the remedy is found to have failed, or if the periodic certification cannot be provided due to the failure of an institutional or engineering control, a Corrective Measures Work Plan will be submitted to the NYSDEC for approval. This plan will explain the failure and provide the details and schedule for performing work necessary to correct the failure. Unless an emergency condition exists, no work will be performed pursuant to the Corrective Measures Work Plan until it has been approved by the NYSDEC.

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8.0 REFERENCES 1. 6NYCRR Part 375, Environmental Remediation Programs. December 14, 2006.

2. New York State Department of Environmental Conservation. DER-10 - Technical Guidance for Site Investigation and Remediation, dated May 2010.

3. New York State Department of Environmental Conservation. Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations Division of Water Technical and Operational Guidance Series (TOGS) 1.1.1. June 1998 (April 2000 addendum).

4. Benchmark Environmental Engineering and Science, PLLC, in association with TurnKey Environmental Restoration, LLC. 402 and 430 Buffalo Avenue Site, Remedial Investigation/Interim Remedial Measures/Alternatives analysis Report, Niagara Falls, New York. August 2015.

5. Benchmark Environmental Engineering and Science, PLLC, in association with TurnKey Environmental Restoration, LLC. 402 and 430 Buffalo Avenue Site, Remedial Investigation Work Plan, Niagara Falls, New York. November 2014.

6. Benchmark Environmental Engineering and Science, PLLC, in association with TurnKey Environmental Restoration, LLC. 402 and 430 Buffalo Avenue Site, Interim Remedial Measures Work Plan, Niagara Falls, New York. November 2014.

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TABLES

B T K 0294-013-001 TABLE 2

SUMMARY OF REMEDIAL INVESTIGATION TRANSFORMER ROOM PCB WIPE SAMPLE RESULTS

SITE MANAGEMENT PLAN

402 and 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

Sample Location

Parameter1 Wipe Sample 1 Wipe Sample 2 Housing 103

11/11/2014 Polychlorinated biphenyls (PCBs) - ug/Abs Aroclor 1016 ND ND ND Aroclor 1221 ND ND ND Aroclor 1232 ND ND ND Aroclor 1242 ND ND ND Aroclor 1248 ND ND ND Aroclor 1254 ND ND ND Aroclor 1260 77.6 276 322 Aroclor 1262 ND ND ND Aroclor 1268 ND ND ND Total Polychlorinated Biphenyls 77.6 276 322

Notes: 1. Sample results were reported by the laboratory in ug/Abs; equivalent to ug/100 cm2.

Definitions: ND = Parameter not detected above laboratory detection limit. TABLE 3

SUMMARY OF REMEDIAL INVESTIGATION SURFACE SOIL ANALYTICAL RESULTS

SITE MANAGEMENT PLAN

402 AND 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

SAMPLE LOCATION Restricted Unrestricted Commercial PARAMETER1 Residential Use SS-1 SS-2 SS-3 SS-4 SS-5 SS-6 SS-7 Use SCOs2 Use SCOs2 SCOs 2 2/9-10/2015 Semi-Volatile Organic Compounds (SVOCs) - mg/Kg 3 Anthracene 100 100 500 0.082 J 0.076 J ND ND ND 0.034 J ND Benzaldehyde ------ND ND ND ND 0.1 J ND 0.077 J Benzo(a)anthracene 115.6 0.23 0.24 0.12 J 0.042 J 0.051 J 0.11 J 0.059 J Benzo(a)pyrene 111 0.22 0.23 0.14 J ND 0.049 J 0.11 J 0.067 J Benzo(b)fluoranthene 115.6 0.31 0.3 0.21 0.049 J 0.071 J 0.12 0.11 Benzo(ghi)perylene 100 100 500 0.13 J 0.13 J 0.093 J ND ND 0.062 J 0.058 J Benzo(k)fluoranthene 0.8 3.9 56 0.13 0.14 0.091 J ND ND 0.055 J 0.04 J Carbazole ------0.048 J 0.047 J ND ND ND ND ND Chrysene 13.956 0.25 0.24 0.14 0.037 J 0.054 J 0.1 J 0.067 J Fluoranthene 100 100 500 0.5 0.48 0.26 0.073 J 0.11 0.22 0.091 J Indeno(1,2,3-cd)pyrene 0.5 0.5 5.6 0.15 J 0.14 J 0.1 J ND ND 0.063 J 0.061 J Phenanthrene 100 100 500 0.34 0.34 0.15 ND 0.062 J 0.15 0.039 J Phenol 100 100 500 ND ND ND ND 0.3 ND ND Pyrene 100 100 500 0.39 0.39 0.21 0.059 J 0.087 J 0.19 0.079 J Total PAHs -- 100 500 2.78 2.753 1.514 0.26 0.884 1.214 0.748 Metals - mg/Kg Arsenic 13 16 16 9.5 18 8.9 4.9 5.6 12 2.6 Barium 350 400 400 86 60 65 6.7 6.8 66 13 Beryllium 7.2 72 590 0.52 0.32 0.45 0.07 J 0.06 J 0.31 ND Cadmium 2.5 4.3 9.3 0.24 J 0.38 J 0.24 J 0.94 0.28 J 0.6 1.3 Chromium 30 180 1500 34 14 23 3 2.8 16 2.4 Copper 50 270 270 18 16 14 3.5 3.6 16 4.2 Lead 63 400 1000 29 78 24 41 36 96 42 Manganese 1600 2000 10000 490 380 660 440 510 630 460 Mercury 0.18 0.81 2.8 0.17 0.21 0.14 0.04 J 0.02 J 0.24 0.06 J Nickel 30 310 310 17 21 12 3 2.6 11 2.6 Selenium 3.9 180 1500 0.34 J 0.27 J 0.17 0.24 J 0.22 J 0.29 J ND Silver 2 180 1500 ND ND ND 0.1 J ND 0.11 J ND Zinc 109 10000 10000 85 99 77 280 82 200 410 Polychlorinated biphenyls (PCBs) - mg/Kg 3 Aroclor 1248 ------ND ND -- 0.0128 J -- -- Total PCBs 0.1 1 1--ND ND -- 0.0128 J -- -- Pesticides and Herbicides - mg/Kg 3 4,4'-DDT 0.0033 7.9 47 -- -- 0.00228 J -- ND -- --

Notes: 1. Only those parameters detected at a minimum of one sample location are presented in this table; all other compounds were reported as non-detect. 2. Values per 6NYCRR Part 375 Soil Cleanup Objectives (SCOs). 3. Sample results were reported by the laboratory in ug/kg and converted to mg/kg for comparisons to SCOs.

Definitions: ND = Parameter not detected above laboratory detection limit. "--" = No value available for the parameter; Parameter not analysed for. J = Estimated value; result is less than the sample quantitation limit but greater than zero.

Bold = Result exceeds Unrestricted Use SCOs. Bold = Result exceeds Restricted Residential Use SCOs. Bold = Result exceeds Commercial Use SCOs. TABLE 4

SUMMARY OF REMEDIAL INVESTIGATION SUBSURFACE SOIL/FILL ANALYTICAL RESULTS

SITE MANAGEMENT PLAN

402 AND 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

SAMPLE LOCATION (DEPTH) Restricted SB-17 SB-19 SB-14 SB-12 SB-12 SB-8 Unrestricted Commercial TP-10 TP-11 TP-12 TP-13 TP-14 TP-15 TP-16 TP-17 TP-18 TP-19 TP-20 TP-22 TP-23 TP-24 TP-25 TP-26 TP-27 TP-28 TP-29 SB-18 MW-3 MW-5 SB-16 SB-7 SB-11 PARAMETER1 Residential Use (MW-1) (MW-4) (MW-8) (MW-9) (MW-9) (MW-10) Use SCOs 2 Use SCOs 2 (2-16') (1-3') (6-8') (1-3') (4-10') (2-4') (4-14') (2-15') (1-8') (1-3') (1-3') (1-3') (1-16') (1-4') (1-4') (1-3') (2-12') (1-4') (1-4') (0.5-3') (2-8') (2-8') (1-7') (1-5') (1-16') SCOs 2 (5-16') (3-12') (4-12') (1-8') (13-16') (8-10') 2/10/2015 2/9/2015 2/10/2015 2/10/2015 2/9/2015 2/11/2015 2/10/20152/24/2015 4/15/2015 2/25/2015 4/14/2015 2/25/2015 Volatile Organic Compounds (VOCs) - mg/Kg 3 1,2,4-Trimethylbenzene 3.6 52 190 -- ND -- ND ND -- -- ND ND ------ND ND -- ND ND ------ND ND -- ND -- ND ------1.4 -- 1,3,5-Trimethylbenzene 8.4 52 190 -- ND -- ND ND -- -- ND ND ------ND ND -- ND ND ------ND ND -- ND -- ND ------0.71 J -- Acetone 0.05 100 500 -- ND -- 0.061 J 0.044 J -- -- ND ND ------ND 0.011 J -- ND ND ------0.0051 J 0.031 -- ND -- 0.0069 J ------0.44 J -- Cyclohexane ------ND -- ND ND -- -- ND ND ------ND ND -- ND ND ------ND ND -- ND -- ND ------0.43 J -- Isopropylbenzene (Cumene) ------ND -- ND ND -- -- ND ND ------ND ND -- ND ND ------ND ND -- ND -- ND ------0.41 -- Methylcyclohexane ------ND -- ND ND -- -- ND ND ------ND ND -- ND ND ------ND ND -- 0.00087 J -- ND ------2.4 -- n-Butylbenzene 12 ------ND -- ND ND -- -- ND ND ------ND ND -- ND ND ------ND ND -- 0.001 J -- ND ------1.1 -- n-Propylbenzene 3.9 100 500 -- ND -- ND ND -- -- ND ND ------ND ND -- ND ND ------ND ND -- 0.00082 J -- ND ------0.69 -- sec-Butylbenzene 11 100 500 -- ND -- ND ND -- -- ND ND ------ND ND -- ND ND ------ND ND -- 0.0055 -- ND ------0.65 -- Tetrachloroethene 1.3 19 150 -- ND -- ND ND -- -- ND ND ------ND 0.0012 -- 0.00082 J 0.001 J ------ND ND -- 0.00038 J -- ND ------ND -- Toluene 0.7 100 500 -- ND -- ND ND -- -- ND ND ------ND 0.0011 J -- ND ND ------ND 0.00028 J -- 0.00028 J -- ND ------ND -- Trichloroethene 0.47 21 200 -- ND -- ND ND -- -- ND ND ------ND 0.0012 -- 0.00035 J ND ------ND ND -- ND -- ND ------ND Total Xylenes 0.26 100 500 -- ND -- ND ND -- -- ND ND ------ND ND -- ND ND ------ND ND -- 0.00029 J -- 0.00065 J ------0.058 J -- Semi-Volatile Organic Compounds (SVOCs) - mg/Kg 3 2-Methylnaphthalene ------ND NDNDNDNDNDNDNDNDNDND0.4 JNDND0.48 J0.84 JNDNDNDNDNDNDNDNDNDNDNDNDND0.22 JND Benzo(a)anthracene 115.6 NDND0.05 JNDNDNDNDNDNDNDND7.7 ND 1.8 12 14 0.039 J ND ND ND ND ND ND ND ND ND 0.054 J ND ND ND ND Benzo(b)fluoranthene 115.6 ND ND 0.071 J ND ND ND ND ND ND ND ND 8.3 ND 2.2 15 16 ND ND ND ND ND ND ND ND ND ND 0.048 J ND ND ND ND Chrysene 13.956 ND ND 0.057 J ND ND ND ND ND ND ND ND 7.1 ND 1.6 12 13 0.039 J ND ND ND ND ND ND ND ND ND 0.066 J ND ND ND ND Dibenzofuran 759350 ND ND ND ND ND ND ND ND ND ND ND 0.82 J ND 0.088 J 1.2 1.2 ND ND ND ND ND ND ND ND ND ND ND ND ND 0.17 J ND Fluoranthene 100 100 500 ND ND 0.11 ND ND ND ND ND ND ND 0.042 J 15 ND 3.8 24 26 0.052 J ND ND ND ND ND ND ND ND ND 0.057 J ND ND 0.27 ND Fluorene 30 100 500 NDNDNDNDNDNDNDNDNDNDND1.3NDND2.22.4NDNDNDNDNDNDNDNDNDNDNDNDND0.19 JND Phenanthrene 100 100 500 ND ND 0.039 J ND ND ND ND ND ND ND ND 14 ND 1.8 17 23 ND ND ND ND ND ND ND ND ND ND 0.046 J ND ND ND ND Pyrene 100 100 500 ND ND 0.09 J ND ND ND ND ND ND ND ND 13 ND 2.9 19 22 ND ND ND ND ND ND ND ND ND ND 0.067 J ND ND ND ND Total PAHs -- -- 500 -- -- 0.468 ------0.042 93.65 -- 21.685 160.2 168.44 0.13 ------0.338 -- -- 0.85 -- Metals - mg/Kg Arsenic 13 16 16 4.6 5.2 2.9 6.4 4.3 4.1 4.3 4.9 4.3 5.3 4.9 10 3 9.5 5.1 13 3.9 3.3 2.7 3.8 4.4 4.2 3.1 -- 7.1 3.1 11 4.2 2.8 3.8 3.8 Barium 350 400 400 18 66 21 34 22 18 29 10 9.3 43 47 1400 22 780 300 1700 53 17 17 15 36 52 18 -- 48 15 110 96 13 15 10 Beryllium 7.2 72 590 0.19 J 0.41 0.13 J 30 0.14 J 0.16 J 0.17 J 0.18 J 0.18 J 0.33 0.33 0.19 J 0.16 J 0.27 0.22 0.41 0.25 0.15 J 0.15 J 0.2 J 0.36 0.33 0.17 J -- 0.32 J 0.14 J 0.18 J 0.38 0.08 J 0.16 J 0.24 Cadmium 2.5 4.3 9.3 0.07 J 0.77 0.59 0.28 J 0.98 0.24 J 0.3 J 0.13 J 0.07 J 0.12 J 0.49 J 1 0.07 J 1 J 0.49 J 1.1 0.14 J 0.5 J 0.49 J 0.08 J 0.17 J 0.1 J 0.17 J -- 0.84 J 0.14 J 0.16 J 0.23 J 0.93 0.11 J 0.11 Chromium 30 180 1500 6.5 11 36 8.2 5.4 5.8 6.2 5.8 6 11 16 15 6.1 11 10 18 8.7 5.2 5.1 6.6 10 11 6.2 -- 9.5 5 3.5 13 3.9 5.6 7.4 Copper 50 270 270 6.6 16 7 8.8 8.2 6.2 7.1 8 6.8 9.5 20 81 5.6 28 14 97 9.3 8.1 9.6 6.6 9.2 11 6.7 -- 15 6.6 11 17 12 6.5 7.2 Lead 63 400 1000 4.5 73 18 20 46 7.4 11 11 3.8 6.9 23 2400 4.2 1100 320 2400 9.9 39 33 5.4 16 18 7.2 -- 83 14 43 9.8 39 6.7 6.7 Manganese 1600 2000 10000 340 870 380 660 390 360 360 340 380 290 260 320 330 320 260 320 360 550 400 410 260 420 470 -- 700 380 330 420 410 360 440 Mercury 0.18 0.81 2.8 ND 0.1 0.02 J 0.12 0.03 J ND ND 0.02 J ND 0.02 J 0.16 0.29 ND 0.2 0.52 J 0.46 ND 0.03 J 0.02 J ND 0.06 J ND ND -- 0.17 J ND 0.03 J 0.02 J 0.02 J 0.02 J ND Nickel 30 310 310 7.5 11 5.2 9.3 5.4 6.6 6.8 6.2 7.2 11 6.6 6.8 7.1 9.4 6.2 11 9.7 4.9 5.3 8.9 12 12 8.5 -- 9.2 6 6.1 16 4.3 7.2 10 Silver 2 180 1500 ND ND ND ND ND ND ND ND ND ND ND 0.14 J ND 0.13 J ND 0.12 J ND ND ND ND ND ND ND -- 0.14 J ND ND ND ND ND ND Zinc 109 10000 10000 37 300 140 81 200 62 67 51 32 59 110 2500 36 1000 320 2700 70 150 210 38 76 110 60 -- 300 50 44 95 300 41 52 Polychlorinated biphenyls (PCBs) - mg/Kg 3 Aroclor 1254 ------ND ND -- -- ND ND -- ND -- ND ND -- ND ND -- -- ND ND 0.0479 ND ND ND ND -- ND -- ND -- Total PCBs 0.1 1 1 ------ND ND -- -- ND ND -- ND -- ND ND -- ND ND -- -- ND ND 0.0479 ND ND ND ND -- ND -- ND -- Pesticides and Herbicides - mg/Kg 3 Chlordane 0.094 4.2 24 ------ND ND ------ND ND ------ND 0.0419 ------ND ------ND -- cis-Chlordane ------ND ND -- -- ND ND ------ND -- -- 0.0513 ND ------ND 0.00864 ------ND ------ND -- Heptachlor epoxide ------ND ND -- -- ND ND ------ND -- -- ND ND ------ND 0.00143 J ------ND ------ND -- trans-Chlordane ------ND ND -- -- ND ND ------ND -- -- 0.0435 P I ND ------ND 0.00601 ------ND ------ND --

Notes: 1. Only those parameters detected at a minimum of one sample location are presented in this table; all other compounds were reported as non-detect. 2. Values per 6NYCRR Part 375 Soil Cleanup Objectives (SCOs). 3. Sample results were reported by the laboratory in ug/kg and converted to mg/kg for comparisons to SCOs.

Definitions: ND = Parameter not detected above laboratory detection limit. "--" = No value available for the parameter; Parameter not analysed for. J = Estimated value; result is less than the sample quantitation limit but greater than zero. P = The RPD between the results for the two columns exceeds the method-specified criteria. I= The lower value for the two columns has been reported due to obvious interference.

Bold = Result exceeds Unrestricted Use SCOs. Bold = Result exceeds Restricted Residential Use SCOs. Bold = Result exceeds Commercial Use SCOs.

Page 1of 1 TABLE 5

SUMMARY OF REMEDIAL INVESTIGATION GROUNDWATER ANALYTICAL RESULTS

SITE MANAGEMENT PLAN

402 AND 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

Sample Location Class GA Parameters 1 MW-1 MW-2* MW-2 MW-3 MW-4 MW-5 MW-6 MW-7 MW-8 MW-9 MW-10 GWQS2 4/16/155/1/15 4/16/156/4/15 4/16/15 Volatile Organic Compounds (VOCs) - ug/L 1,2,4-Trimethylbenzene 5 ND -- ND 0.82 J ND 7.3 ND ND ND ND 5.3 1,3,5-Trimethylbenzene 5 ND -- ND 2.2 J ND 1 J ND ND ND ND 0.87 J 2-Butanone 50 2.9 J -- ND ND ND 3.5 J 4.3 J ND 3.3 J 2.8 J ND 2-Hexanone 50 ND -- ND ND ND ND 1.2 J ND 1.1 J 1.1 J ND Acetone 50 13 -- ND 4 J ND 16 41 2.5 J 15 15 ND Benzene 1 ND -- 0.44 J 1.5 ND 0.81 0.19 J 0.17 J 0.61 ND ND Carbon disulfide -- 2.3 J -- 1.9 J ND ND 1.6 J 1.7 J 2.6 J 3.1 J 1.3 J ND Chloroform 7 ND -- ND ND ND ND ND ND 6.2 6.3 ND Cyclohexane -- ND -- 1.7 J 2.4 J ND 0.48 J ND ND ND ND 0.63 J Ethylbenzene 5 ND -- ND ND ND 1.5 J ND ND ND ND ND Isopropylbenzene 5 ND -- ND ND ND 1.5 J ND ND ND ND 3.3 Methylcyclohexane -- ND -- 1.9 J 4 J 0.51 J 0.64 J ND ND ND ND 1.6 J n-Propylbenzene 5 ND -- ND ND ND 1.1 J ND ND ND ND 1.4 J Xylene (total) 5 ND--1.644.9NDNDNDND1.4 JNDND sec-Butylbenzene 5 ND -- ND ND ND 1.4 J ND ND ND ND 3.1 Tetrachloroethene 5 ND -- ND 0.37 J ND ND 0.47 J ND 0.23 J ND ND Toluene 5 ND -- 1.2 J 4.5 ND 1.6 J ND ND 1.6 J ND ND Trichloroethene 5 ND -- ND 0.29 J ND ND 0.83 ND 1.6 J ND ND Semivolatile Organic Compounds (SVOCs) - ug/L 2-Methylnaphthalene -- 0.19 J 0.21 -- ND ND 0.35 J 0.46 -- 0.23 0.1 J 3.9 Acenaphthene 20 ND ND -- ND ND ND 0.32 -- ND ND 1.4 Anthracene 50 ND ND -- ND ND ND 0.2 -- ND ND ND Benzo(a)anthracene 0.002 0.07 J ND -- ND ND ND 0.18 J -- ND ND ND Benzo(a)pyrene ND 0.1 J ND -- ND ND ND 0.19 J -- ND ND ND Benzo(b)fluoranthene 0.002 0.2 0.08 J -- ND ND ND 0.25 -- ND ND ND Benzo(ghi)perylene -- 0.09 J ND -- ND ND ND 0.12 J -- ND ND ND Benzo(k)fluoranthene 0.002 0.08 J ND -- ND ND ND 0.09 J -- ND ND ND Biphenyl 5 ND ND -- ND ND ND ND -- ND ND 1 J Bis(2-ethylhexyl) phthalate 5 ND1.4 J--NDNDNDND--NDNDND Chrysene 0.002 0.15 J 0.06 J -- ND ND ND 0.17 J -- ND ND ND Dibenzofuran -- ND ND -- ND ND ND -- ND ND 1 J Fluoranthene 50 0.44 0.16 J -- ND ND ND 0.42 -- ND ND ND Fluorene 50 0.07 J 0.07 J -- ND ND 0.31 J 0.34 -- 0.11 J ND 3.3 Indeno(1,2,3-cd)pyrene 0.002 0.11 J ND -- ND ND ND 0.13 J -- ND ND ND Naphthalene 10 ND 0.14 J -- ND ND ND 1.4 -- 0.12 J ND ND Phenanthrene 50 0.4 0.3 -- ND ND 0.24 J 0.66 -- 0.46 0.16 J 0.81 J Pyrene 50 0.31 0.12 J -- ND ND ND 0.36 -- ND ND ND Polychlorinated Biphenyls - ug/L Total PCBs 0.09 ND ND -- ND ND ND ND -- ND ND ND Metals (Dissolved) - ug/L 3 Arsenic 25 0.85 0.8 -- 0.65 0.21 J 1.27 1.84 -- 2.89 ND 2.23 Barium 1000 17.03 10.4 -- 32.57 123.8 57.82 13.93 -- 17.03 32.43 354.4 Cadmium 5 0.11 J 0.1 J -- 0.37 0.07 J 0.07 J ND -- 0.11 J 0.29 ND Chromium 50 2.45 1.5 -- 2.03 2.11 0.66 J 1.33 -- 2.98 0.67 J 0.8 J Copper 200 1.86 1.8 -- 1.65 0.9 J 2.24 4.48 -- 2.97 0.36 J ND Lead 25 ND ND -- 23.76 0.57 J 0.34 J 29.18 -- ND ND ND Manganese 300 247.8 335.9 -- 103.1 7.59 423.6 425.4 -- 28.9 572.2 431.4 Nickel 100 7.64 14.3 -- 3.1 0.45 J 10.28 6.72 -- 1.94 18.06 2.32 Selenium 10 1.56 J 2 J -- 3.92 J 2.44 J 5 2.36 J -- ND 5.15 ND Zinc 2000 33.63 27.4 -- 119.3 39.68 25.55 86.07 -- 17.26 28.88 6.83 J Pesticides and Herbicides - ug/L 4,4'-DDD 0.3 ND ND -- ND ND ND 0.037 J -- ND ND ND 4,4'-DDE 0.2 ND ND -- ND ND ND 0.076 -- ND ND ND 4,4'-DDT 0.2 ND ND -- ND ND ND 0.165 -- ND ND ND Chlordane 0.05 ND ND -- ND ND ND 0.528 P,l -- ND ND ND cis-Chlordane -- ND ND -- ND ND ND 0.033 P,l -- ND ND ND Heptachlor epoxide 0.03 ND ND -- ND ND ND 0.008 -- ND ND ND trans-Chlordane -- ND ND -- ND ND ND 0.019 J,P,I -- ND ND ND

Notes: 1. Only parameters detected at a minimum of one sample location are presented in this table; all other compounds were reported as non-detect. 2. Values per NYSDEC TOGS 1.1.1 Class GA Groundwater Quality Standards. 3. Sample results were reported by the laboratory in mg/L and converted to ug/L for comparisons to GWQSs * = Suspect Groundwater Analytical Results, resampled on 05/01/15.

Qualifiers: ND = Parameter not detected above laboratory detection limit. "--" = Sample not analyzed for parameter or no GWQS available for the parameter. J = Estimated Value - Below calibration range P = The dual column RPD's are above the acceptance criteria, the lower of the two results is reported. I = The lower value for the two columns has been reported due to obvious interference.

BOLD = Result exceeds GWQS. TABLE 6

SUMMARY OF PETROLEUM AREA IRM POST-EXCAVATION CONFIRMATORY SOIL ANALYTICAL RESULTS

SITE MANAGEMENT PLAN

402 AND 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

Sample Location

Unrestricted Petroleum Area Petroleum Area Petroleum Area PARAMETER1 Use SCOs 2 East Middle West

4/14/2015 Volatile Organic Compounds (VOCs) - mg/Kg 3 2-Butanone (MEK) 0.12 ND 0.0056 J ND 4-methyl-2-pentanone (MIBK) -- ND 0.00094 J 0.0024 J Acetone 0.05 ND 0.0097 J ND Tetrachloroethene 1.3 0.00027 J ND ND Semi-Volatile Organic Compounds (SVOCs) - mg/Kg 3 Bis(2-ethylhexyl) phthalate -- 0.048 J ND ND Total PAHs -- 0.048 -- --

Notes: 1. Only those parameters detected at a minimum of one sample location are presented in this table; all other compounds were reported as non-detect. 2. Values per 6NYCRR Part 375 Soil Cleanup Objectives (SCOs). 3. Sample results were reported by the laboratory in ug/kg and converted to mg/kg for comparisons to SCOs.

Definitions: ND = Parameter not detected above laboratory detection limit. "--" = No value available for the parameter; Parameter not analysed for. J = Estimated value; result is less than the sample quantitation limit but greater than zero.

Bold = Result exceeds Unrestricted Use SCOs. TABLE 7

SUMMARY OF 401 BUFFALO AVENUE IRM POST EXCAVATION SOIL SAMPLING RESULTS

SITE MANAGEMENT PLAN

402 AND 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

401 Buffalo Avenue IRM Excavation Area - Sample Location Parking Lot - Island Area Pool Area SS-2

1 Unrestricted PARAMETER 2 Bottom Bottom Bottom Bottom Use SCOs North Wall South Wall East Wall West Wall Bottom Comp Comp 1 Comp 2 Comp 3 Comp 4

6/3/2015 6/4/2015 6/4/2015 Metals - mg/Kg Arsenic 13 1.8 3.2 1.4 2.8 2.4 1.9 1.6 0.77 2.1 2.5 Barium 350 31 18 42 40 22 30 13 11 24 24 Beryllium 7.2 0.21 J 0.18 J 0.27 0.1 J 0.2 J 0.22 J 0.14 J 0.1 J 0.15 J 0.2 J Cadmium 2.5 ND ND ND ND ND ND ND 0.08 J 0.04 J ND Chromium 30 6.2 5.2 5.9 3.1 5.8 6.3 4.6 3.1 4.3 5.5 Copper 50 8.8 9.6 6.7 6.9 7.1 7 5.1 3.4 6 6.2 Lead 63 24 1.7 J 33 60 3.2 5.1 2 J 22 22 6.3 Manganese 1600 380 150 600 260 280 290 290 240 340 270 Mercury 0.18 0.08 0.08 0.16 0.12 0.077 J 0.09 J 0.068 J 0.08 0.1 0.03 Nickel 30 6.8 8.4 5.4 3.4 7.4 7.2 5.8 2.8 4.6 5.6 Silver 2 ND ND 0.16 J 0.08 J ND ND ND 0.09 J 0.09 J ND Selenium -- ND ND ND ND ND ND ND ND 0.14 J ND Zinc 109 70 28 63 59 37 41 29 100 99 43 J

Notes: 1. Only those parameters detected at a minimum of one sample location are presented in this table; all other compounds were reported as non-detect. 2. Values per 6NYCRR Part 375 Soil Cleanup Objectives (SCOs). 3. Sample results were reported by the laboratory in ug/kg and converted to mg/kg for comparisons to SCOs.

Definitions: ND = Parameter not detected above laboratory detection limit. "--" = No value available for the parameter; Parameter not analyzed for. J = Estimated value; result is less than the sample quantitation limit but greater than zero.

Bold = Result exceeds Unrestricted Use SCOs. TABLE 8

SUMMARY OF TRANSFORMER ROOM IRM POST-EXCAVATION SOIL ANALYTICAL RESULTS

SITE MANAGEMENT PLAN

402 AND 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

SAMPLE LOCATION Unrestricted Residential A-1 B-1 C-1 D-1 E-1 F-1 G-2 H-2 Pipe PARAMETER1 Use SCOs 2 Use SCOs 2 (1') (1') (1') (1') (1') (1') (2') (2') Sediment 7/22/2015 7/24/2015 7/23/2015 Polychlorinated biphenyls (PCBs) - mg/Kg 3 Aroclor 1254 -- -- ND ND ND ND ND ND ND ND 0.208 Aroclor 1260 -- -- 0.0477 0.632 0.00653 J 0.317 0.07 0.0208 J 0.0245 J ND 0.266 Total PCBs 0.1 1 0.0477 0.632 0.00653 0.317 0.07 0.0208 0.0245 ND 0.474

Notes: 1. Only those parameters detected at a minimum of one sample location are presented in this table; all other compounds were reported as non-detect. 2. Values per 6NYCRR Part 375 Soil Cleanup Objectives (SCOs). 3. Sample results were reported by the laboratory in ug/kg and converted to mg/kg for comparisons to SCOs.

Definitions: ND = Parameter not detected above laboratory detection limit. "--" = No value available for the parameter. J = Estimated value; result is less than the sample quantitation limit but greater than zero.

Bold = Result exceeds Unrestricted Use SCOs. Bold = Result exceeds Residential Use SCOs. TABLE 9

SUMMARY OF TRANSFORMER ROOM IRM POST-REMEDIAL PCB WIPE SAMPLE RESULTS

SITE MANAGEMENT PLAN

402 and 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

Sample Location South Wall South Footer West Wall West Footer Parameter1 Wipe Wipe Wipe Wipe

7/23/2015 Polychlorinated biphenyls (PCBs) - ug/Abs Aroclor 1016 ND ND ND ND Aroclor 1221 ND ND ND ND Aroclor 1232 ND ND ND ND Aroclor 1242 ND ND ND ND Aroclor 1248 ND ND ND ND Aroclor 1254 ND ND ND ND Aroclor 1260 ND 1.24 ND 0.921 Aroclor 1262 ND ND ND ND Aroclor 1268 ND ND ND ND Total PCBs ND 1.24 ND 0.921

Notes: 1. Sample results were reported by the laboratory in ug Abs; equivalent to ug/100 cm2.

Definitions: ND = Parameter not detected above laboratory detection limit. TABLE 10

SUMMARY OF 430 BUFFALO AVENUE TP-3 AREA IRM POST-EXCAVATION CONFIRMATORY SOIL ANALYTICAL RESULTS

SITE MANAGEMENT PLAN

402 AND 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

430 Buffalo Avenue TP-3 IRM Excavation Area - Sample Location Restricted Unrestricted Commercial PARAMETER1 Residential Northwall 1 Northwall 2 Eastwall 1 Eastwall 2 Southwall 1 Southwall 2 Westwall 1 Westwall 2 Bottom 1 Bottom 2 Use SCOs 2 Use SCOs 2 Use SCOs 2 8/10/2015 Semi-Volatile Organic Compounds (SVOCs) - mg/Kg 3 Acenaphthene 20 100 500 ND 1.5 0.59 J ND ND ND 1.3 ND ND 0.16 Acenaphthylene 100 100 500 ND 0.77 ND ND ND ND 0.57 ND ND 0.16 Anthracene 100 100 500 0.38 J 5.2 1.3 ND ND ND 3.4 ND ND 0.12 Benzo(a)anthracene 115.6 1.4133.1ND ND ND 7.2 ND ND 0.12 Benzo(a)pyrene 111 1.3122.8ND ND ND 5.8 ND ND 0.16 Benzo(b)fluoranthene 115.6 1.3122.4ND ND ND 7.7 ND ND 0.12 Benzo(ghi)perylene 100 100 500 0.83 6.9 1.6 ND ND ND 3.6 ND ND 0.16 Benzo(k)fluoranthene 0.8 3.9 56 19.62.3ND ND ND 2.7 ND ND 0.12 Chrysene 13.956 1.4 13 3 ND ND ND 6.7 ND ND 0.12 Dibenzo(a,h)anthracene 0.33 0.33 0.56 0.22 20.62ND ND ND 0.92 ND ND 0.12 Dibenzofuran 759350 ND 0.86 J 0.36 J ND ND ND 0.93 ND ND 0.19 J Fluoranthene 100 100 500 2.7 29 6.5 ND 0.05 J ND 16 ND ND 0.12 Fluorene 30 100 386 ND 1.6 0.59 J ND ND ND 1.6 ND ND 0.19 Indeno(1,2,3-cd)pyrene 0.5 0.5 5.6 0.76 6.8 1.5 ND ND ND 4.2 ND ND 0.16 Naphthalene 12 100 500 ND 0.73 J 0.36 J ND ND ND 0.99 ND ND 0.19 J Phenanthrene 100 100 500 1.4 19 5.4 ND ND ND 12 ND ND 0.12 Pyrene 100 100 500 2.2 22 5.3 ND 0.041 J ND 13 ND ND 0.12 Total PAHs -- 100 500 14.89 J 155.1 37.36 ND 0.09 ND 87.68 ND ND 2.26 Metals - mg/Kg Arsenic 13 16 16 3.9 6.2 5.1 2 3.4 2.3 6.2 3.3 2.3 2.5 Barium 350 400 400 150 350 330 17 50 27 280 57 27 25 Beryllium 7.2 72 590 0.2 J 0.16 J 0.21 J 0.17 J 0.3 0.2 J 0.28 0.34 0.22 J 0.23 Cadmium 2.5 4.3 9.3 0.21 JND0.92NDNDNDNDNDNDND Chromium 30 180 1500 7.7 7 7.1 5.5 7.8 6.3 10 8 6.8 7.2 Copper 50 270 270 14 19 28 7.9 12 7.4 20 9.7 8.9 8.6 Lead 63 400 1000 260 320 810 9 38 5.7 650 44 14 3.3 Manganese 1600 2000 10000 470 390 440 160 470 400 390 600 380 370 Mercury 0.18 0.81 2.8 0.08 0.1 0.13 0.02 J 0.25 0.02 J 0.13 0.05 J 0.02 J ND Nickel 30 310 310 7 6.8 6.7 6.4 8.6 7.6 9.1 7.4 8.1 8.4 Silver 2 180 1500 ND ND ND ND ND ND ND 0.16 J ND ND Zinc 109 10000 10000 300 410 660 180 120 54 370 83 110 58

Notes: 1. Only those parameters detected at a minimum of one sample location are presented in this table; all other compounds were reported as non-detect. 2. Values per 6NYCRR Part 375 Soil Cleanup Objectives (SCOs). 3. Sample results were reported by the laboratory in ug/kg and converted to mg/kg for comparisons to SCOs.

Definitions: ND = Parameter not detected above laboratory detection limit. "--" = No value available for the parameter; Parameter not analyzed for. J = Estimated value; result is less than the sample quantitation limit but greater than zero.

Bold = Result exceeds Unrestricted Use SCOs. Bold = Result exceeds Restricted Residential Use SCOs. Bold = Result exceeds Commercial Use SCOs. TABLE 11

SUMMARY OF REMAINING ON-SITE SOIL/FILL ABOVE UNRESTRICTED USE SCOs

SITE MANAGEMENT PLAN

402 AND 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

SAMPLE LOCATION (DEPTH) SB-8 Unrestricted TP-5 TP-7 TP-11 TP-12 TP-13 TP-14 TP-20 TP-22 TP-24 TP-25 TP-26 TP-28 TP-29 MW-3 SB-16 SB-7 PCB Area PCB Area TP-3 PARAMETER1 SS-1 SS-4 SS-6 SS-7 (MW-10) TP-3 Northwall 1 TP-3 Northwall 2 TP-3 Eastwall 1 TP-3 Eastwall 2 TP-3 Southwall 1 TP-3 Westwall 1 Use SCOs 2 (1-3') (2-4') (1-3') (6-8') (1-3') (4-10') (1-3') (1-3') (1-4') (1-4') (1-3') (1-4') (1-4') (2-8') (1-7') (1-5') B-1 (1') D-1 (1') Bottom 1 (8-10') 10/4/2013 2/9-10/2015 2/9/2015 2/9/20152/11/2015 2/10/2015 4/15/2015 2/25/2015 7/22/2015 8/10/2015 Volatile Organic Compounds (VOCs) - mg/Kg 3 Acetone 0.05 ------ND -- 0.061 J 0.044 J -- -- 0.011 J -- ND -- -- 0.031 -- -- 0.44 J ------Semi-Volatile Organic Compounds (SVOCs) - mg/Kg 3 2-Methylnaphthalene -- ND ND ND ND ND ND ND ND ND ND ND 0.4 J ND 0.48 J 0.84 J ND ND ND ND ND ------ND ND -- ND Acenaphthene 20 2.2 0.052 J ND ND ND ND ND ND ND ND ND 1.2 0.14 J 1.7 ND ND ND ND ND ND ND -- -- ND 1.5 0.59 J ND ND 1.3 ND Acenaphthylene 100 2.2NDNDNDNDNDND ND ND ND ND 0.63 J 0.44 0.83 J 2.6 ND ND ND ND ND ND -- -- ND 0.77 ND ND ND 0.57 ND Anthracene 100 9.8 J 0.2 J 0.082 J ND 0.034 J ND ND ND ND ND ND 3.6 0.62 5 7 ND ND ND ND ND ND -- -- 0.38 J 5.2 1.3 ND ND 3.4 ND Benzo(a)anthracene 1310.47 0.23 0.042 J 0.11 J 0.059 J ND 0.05 J ND ND ND 7.7 1.8 12 14 ND ND ND ND ND ND -- -- 1.4 13 3.1 ND ND 7.2 ND Benzo(a)pyrene 1300.41 0.22 ND 0.11 J 0.067 J ND 0.051 J ND ND ND 6.4 1.6 11 13 ND ND ND ND ND ND -- -- 1.3 12 2.8 ND ND 5.8 ND Benzo(b)fluoranthene 1380.53 0.31 0.049 J 0.12 0.11 ND 0.071 J ND ND ND 8.3 2.2 15 16 ND ND ND ND ND ND -- -- 1.3 12 2.4 ND ND 7.7 ND Benzo(ghi)perylene 100 18 0.22 0.13 J ND 0.062 J 0.058 J ND ND ND ND ND 3.80.986.17 ND ND ND ND ND ND -- -- 0.83 6.9 1.6 ND ND 3.6 ND Benzo(k)fluoranthene 0.8 14 0.23 0.13 ND 0.055 J 0.04 J ND ND ND ND ND 3.2 2 5.3 6.6 ND ND ND ND ND ND -- -- 19.62.3ND ND 2.7 ND Chrysene 1310.47 0.25 0.037 J 0.1 J 0.067 J ND 0.057 J ND ND ND 7.1 1.6 12 13 ND ND ND ND ND ND -- -- 1.4 13 3 ND ND 6.7 ND Dibenzo(a,h)anthracene 0.33 5 0.069 ND ND ND ND ND ND ND ND ND 0.92 ND 1.6 1.8 ND ND ND ND ND ND -- -- 0.22 2 0.62 ND ND 0.92 ND Dibenzofuran 7---- ND ND ND ND ND ND ND ND ND 0.82 0.088 J 1.2 1.2 ND ND ND ND ND 0.17 J -- -- ND 0.86 J 0.36 J ND ND 0.93 ND Fluoranthene 100 68 0.93 0.5 0.073 J 0.22 0.091 J ND 0.11 ND ND 0.042 J 15 3.8 24 26 ND ND ND ND ND 0.27 -- -- 2.7 29 6.5 ND 0.05 J 16 ND Fluorene 30 2.8 0.061 ND ND ND ND ND ND ND ND ND 1.3 ND 2.2 2.4 ND ND ND ND ND 0.19 J -- -- ND 1.6 0.59 J ND ND 1.6 ND Indeno(1,2,3-cd)pyrene 0.5 19 0.24 0.15 J ND 0.063 J 0.061 J ND ND ND ND ND 4.1 1.2 7 8 ND ND ND ND ND ND -- -- 0.76 6.8 1.5 ND ND 4.2 ND Naphthalene 12 0.92 JNDNDNDNDNDNDNDNDNDND0.68 JND 1.7 1.4 ND ND ND ND ND ND -- -- ND 0.73 J 0.36 J ND ND 0.99 ND Phenanthrene 100 29 0.65 0.34 ND 0.15 0.039 J ND 0.039 J ND ND ND 14 1.8 17 23 ND ND ND ND ND ND -- -- 1.4 19 5.4 ND ND 12 ND Pyrene 100 56 0.75 0.39 0.059 J 0.19 0.079 J ND 0.09 J ND ND ND 13 2.9 19 22 ND ND ND ND ND ND -- -- 2.2 22 5.3 ND 0.041 J 13 ND Total PAHs -- 356 J 5.1 2.732 0.26 1.214 0.671 ND 0.468 ND ND 0.042 93.25 21.685 159.72 167.6 ND ND ND ND ND 0.63 -- -- 17.85 185.49 44.88 ND 0.091 106.8 ND Metals - mg/Kg Arsenic 13 6 6.3 9.5 4.9 12 2.6 5.2 2.9 6.4 4.3 4.9 10 9.5 5.1 13 3.3 2.7 4.2 7.1 2.8 3.8 -- -- 3.9 6.2 5.1 2 3.4 6.2 2.3 Barium 350 970 59866.7661366213422471400 780 300 1700 17 17 52 48 13 15 -- -- 150 350 330 17 50 280 27 Beryllium 7.2 ND ND 0.52 0.07 J 0.31 ND 0.41 0.13 J 30 0.14 J 0.33 0.19 J 0.27 0.22 0.41 0.15 J 0.15 J 0.33 0.32 J 0.08 J 0.16 J -- -- 0.2 J 0.16 J 0.21 J 0.17 J 0.3 0.28 0.22 J Cadmium 2.5 1.8 0.78 0.24 J 0.94 0.6 1.3 0.77 0.59 0.28 J 0.98 0.49 J 1 1 J 0.49 J 1.1 0.5 J 0.49 J 0.1 J 0.84 J 0.93 0.11 J -- -- 0.21 J ND 0.92 ND ND ND ND Chromium 30 8.9 9.6 34 3162.41136 8.2 5.4 16 15 11 10 18 5.2 5.1 11 9.5 3.9 5.6 -- -- 7.7 7 7.1 5.5 7.8 10 6.8 Copper 50 ND ND 18 3.5 16 4.2 16 7 8.8 8.2 20 81 28 14 97 8.1 9.6 11 15 12 6.5 -- -- 14 19 28 7.9 12 20 8.9 Lead 63 2100 130 29 41 96 42 73 18 20 46 23 2400 1100 320 2400 39 33 18 83 39 6.7 -- -- 260 320 810 938650 14 Manganese 1600 ND ND 490 440 630 460 870 380 660 390 260 320 320 260 320 550 400 420 700 410 360 -- -- 470 390 440 160 470 390 380 Mercury 0.18 0.17 0.09 0.17 0.04 J 0.24 0.06 J 0.1 0.02 J 0.12 0.03 J 0.16 0.29 0.2 0.52 J 0.46 0.03 J 0.02 J ND 0.17 J 0.02 J 0.02 J -- -- 0.08 0.1 0.13 0.02 J 0.25 0.13 0.02 J Nickel 30 ND ND 17 3 11 2.6 11 5.2 9.3 5.4 6.6 6.8 9.4 6.2 11 4.9 5.3 12 9.2 4.3 7.2 -- -- 7 6.8 6.7 6.4 8.6 9.1 8.1 Silver 2 0.22 J ND ND 0.1 J 0.11 J ND ND ND ND ND ND 0.14 J 0.13 J ND 0.12 J ND ND ND 0.14 J ND ND -- -- ND ND ND ND ND ND ND Selenium -- ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND -- -- ND ND ND ND ND ND ND Zinc 109 ND ND 85 280 200 410 300 140 81 200 110 2500 1000 320 2700 150 210 110 300 300 41 -- -- 300 410 660 180 120 370 110 Polychlorinated biphenyls (PCBs) - mg/Kg 3 Total PCBs 0.1 ND ND ------ND ND ND -- ND -- ND -- -- 0.0479 ND -- ND 0.632 0.317 ------Pesticides and Herbicides - mg/Kg 3 Total Pesticides and Herbocides ------ND ND ------0.0948 -- -- 0.05798 -- -- ND ------

Notes: 1. Only those parameters detected above USCOs at a minimum of one sample location are presented in this table. All other detections are below USCOs or are ND. 2. Values per 6NYCRR Part 375 Soil Cleanup Objectives (SCOs). 3. Sample results were reported by the laboratory in ug/kg and converted to mg/kg for comparisons to SCOs.

Definitions: ND = Parameter not detected above laboratory detection limit. "--" = No value available for the parameter; Parameter not analysed for. J = Estimated value; result is less than the sample quantitation limit but greater than zero.

Bold = Result exceeds Unrestricted Use SCOs. SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

FIGURES

B T K 0294-013-001 FIGURE 1 F:\CAD\TurnKey\Merani Hospitality\401, 402, and 430 Buffalo Ave\SMP\Figure 1; Site Location and Vicinity Map.dwg, 9/8/2015 6:23:28 PM, DWG To PDF.pc3 To DWG PM, 6:23:28 9/8/2015 Map.dwg, Vicinity and Location 1; Site Ave\SMP\Figure Buffalo 430 and 402, Hospitality\401, F:\CAD\TurnKey\Merani SITE

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DISCLAIMER: PROPERTY OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC. & TURNKEY ENVIRONMENTAL RESTORATION, LLC IMPORTANT: THIS DRAWING PRINT IS LOANED FOR MUTUAL ASSISTANCE AND AS SUCH IS SUBJECT TO RECALL AT ANY TIME. INFORMATION CONTAINED HEREON IS NOT TO BE DISCLOSED OR REPRODUCED IN ANY FORM FOR THE BENEFIT OF PARTIES OTHER THAN NECESSARY SUBCONTRACTORS & SUPPLIERS WITHOUT THE WRITTEN CONSENT OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC & TURNKEY ENVIRONMENTAL RESTORATION, LLC. AS

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430 BUFFALO AVENUE 0294-013-001

402 BUFFALO AVENUE OTHER SBL: 159.45-1-45 SBL: 159.45-1-46 DRAWING

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JOB NO.:

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TIME.

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KRR SCALE IN FEET SUBJECT IMAGE PER GOOGLE EARTH IS (approximate)

SEPTEMBER 2015 FIGURE 2 DISCLAIMER: SUCH WITHOUT THE WRITTEN CONSENT OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC TURNKEY RESTORATION, LLC. DATE: DRAFTED BY: AS

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THIS

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MERANI HOSPITALITY, INC. CONTAINED NIAGARA FALLS, NEW YORK

402 & 430 BUFFALO AVENUE SITE 4TH STREET 4TH INFORMATION

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NOVEMBER 2015 FIGURE 3 DISCLAIMER: SUCH WITHOUT THE WRITTEN CONSENT OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC TURNKEY RESTORATION, LLC. DATE: DRAFTED BY: LEGEND: AS

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KRR SCALE IN FEET SUBJECT

IS (approximate)

NOVEMBER 2015 FIGURE 4 DISCLAIMER: SUCH WITHOUT THE WRITTEN CONSENT OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC TURNKEY RESTORATION, LLC. DATE: DRAFTED BY: LEGEND: NOT

6TH STREET 6TH IS

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COMP-2 C MUTUAL

C C

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&

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NOVEMBER 2015 FIGURE 5A DISCLAIMER: PROPERTY TO BE DISCLOSED OR REPRODUCED IN ANY FORM FOR THE BENEFIT OF PARTIES OTHER THAN NECESSARY SUBCONTRACTORS & SUPPLIERS WITHOUT WRITTEN CONSENT BENCHMARK ENVIRONMENTAL ENGINEERING SCIENCE, PLLC. DATE: DRAFTED BY: F:\CAD\TurnKey\Merani Hospitality\401, 402, and 430 Buffalo Ave\FER\Figure 6; Former Transformer interior wall.dwg

DATE: NOVEMBER 2015 DRAFTED BY: KRR

1' PCB EXCAVATION AREA

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SUB SLAB CONCRETE SUPPORT FORMER INTERIOR WALLS (DEMOLISHED)

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G-2 E-1

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D-1 C-1

B-1 EXTERIOR BUILDING WALLS A-1

SOUTH FOOTER

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LEGEND:

C-1 POST EXCAVATION SOIL SAMPLES WEST WALL POST EXCAVATION WIPE SAMPLES EXISTING BUILDING CONCRETE FLOOR 4' 0' 4' 8'

SCALE: 1 INCH = 4 FEET SCALE IN FEET (approximate)

FIGURE 5B TRANSFORMER ROOM IRM ACTIVITIES

SITE MANAGEMENT PLAN B n vi ronmental 402 & 430 BUFFALO AVENUE SITE ng i neeri n g BCP SITE No. C932164 cience, NIAGARA FALLS, NEW YORK PREPARED FOR MERANI HOSPITALITY, INC. JOB NO.: 0294-013-001

DISCLAIMER: PROPERTY OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC. IMPORTANT: THIS DRAWING PRINT IS LOANED FOR MUTUAL ASSISTANCE AND AS SUCH IS SUBJECT TO RECALL AT ANY TIME. INFORMATION CONTAINED HEREON IS NOT TO BE DISCLOSED OR REPRODUCED IN ANY FORM FOR THE BENEFIT OF PARTIES OTHER THAN NECESSARY SUBCONTRACTORS & SUPPLIERS WITHOUT THE WRITTEN CONSENT OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC. F:\CAD\TurnKey\Merani Hospitality\401, 402, and 430 Buffalo Ave\SMP\Figure 6; 430 Buffalo Avenue TP-3 IRM Activites.dwg 6; 430 Buffalo Avenue Ave\SMP\Figure and 430 Buffalo 402, Hospitality\401, F:\CAD\TurnKey\Merani

LEGEND:

BCP BOUNDARY 50' 0' 50' 100' PARCEL BOUNDARY SCALE: 1 INCH = 50 FEET TP-3 EXCAVATION AREA SCALE IN FEET BUFFALO AVENUE TP-3 POST EXCAVATION SAMPLES (approximate)

430 BUFFALO AVENUE - TP-3 IRM ACTIVITIES B FIGURE 6 nvi ronmental ng i neerin g SITE MANAGEMENT PLAN cience, 402 & 430 BUFFALO AVENUE SITE PROJECT NO.: 0294-013-001 BCP SITE NO. C932164 NIAGARA FALLS, NEW YORK DATE: rev NOVEMBER 2015 PREPARED FOR DRAFTED BY: KRR/NTM MERANI HOSPITALITY, INC.

DISCLAIMER: PROPERTY OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC. IMPORTANT: THIS DRAWING PRINT IS LOANED FOR MUTUAL ASSISTANCE AND AS SUCH IS SUBJECT TO RECALL AT ANY TIME. INFORMATION CONTAINED HEREON IS NOT TO BE DISCLOSED OR REPRODUCED IN ANY FORM FOR THE BENEFIT OF PARTIES OTHER THAN NECESSARY SUBCONTRACTORS & SUPPLIERS WITHOUT THE WRITTEN CONSENT OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC. N RADIOLOGICAL READINGS LOCATIONS CPM 5 4 1 5393 6 2 5223 3 20059 4 20537 7 5 21565 6 14685 40' 0' 40' 80' 3 7 10490 8 8487 SCALE: 1 INCH = 40 FEET 9 11732 8 10 28787 SCALE IN FEET 11 7976 (approximate) 2 12 11552 13 37155 9 14 27426 15 10201 16 8106 402 BUFFALO AVE 1 17 44441 10 18 32744 19 3917 20 4995 21 21 2410 F:\CAD\TurnKey\Merani Hospitality\401, 402, and 430 Buffalo Ave\SMP\Figure 7; Post Excavation Radiologic Readings.dwg Radiologic Excavation Post 7; Ave\SMP\Figure Buffalo 430 and 402, Hospitality\401, F:\CAD\TurnKey\Merani 11 READINGS IN COUNTS PER MINUTE

20 12 LEGEND:

19 BCP BOUNDARY 13 PARCEL BOUNDARY 17 18 4 RADIOLOGIC READINGS 14 15 16

BENCHMARK 402 BUFFALO AVENUE - IRM ACTIVITIES TURNKEY FIGURE 7 En vi ronmental POST-REMOVAL SCREENING RESULTS Environmental Eng i neeri n g Restoration, LLC SITE MANAGEMENT PLAN Science, P LLC 2558 HAMBURG TURNPIKE, SUITE 300, BUFFALO, NY 14218, (716) 856-0599 402 & 430 BUFFALO AVENUE SITE PROJECT NO.: 0294-013-001 BCP SITE No. C932164 NIAGARA FALLS, NEW YORK DATE: NOVEMBER 2015 PREPARED FOR DRAFTED BY: KRR MERANI HOSPITALITY, INC.

DISCLAIMER: PROPERTY OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC. & TURNKEY ENVIRONMENTAL RESTORATION, LLC IMPORTANT: THIS DRAWING PRINT IS LOANED FOR MUTUAL ASSISTANCE AND AS SUCH IS SUBJECT TO RECALL AT ANY TIME. INFORMATION CONTAINED HEREON IS NOT TO BE DISCLOSED OR REPRODUCED IN ANY FORM FOR THE BENEFIT OF PARTIES OTHER THAN NECESSARY SUBCONTRACTORS & SUPPLIERS WITHOUT THE WRITTEN CONSENT OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC & TURNKEY ENVIRONMENTAL RESTORATION, LLC. AS

LEGEND: AND

SUPPLIERS LLC

EY &

BCP BOUNDARY K PARCEL BOUNDARY nvironmental estoration, URN ASSISTANCE E R

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SB-09 TP-1 TP-27 JOB NO.: TP-25 TP-7 SB-16 STREET 6TH TP-6 BENEFIT TP-4 TP-2 IMPORTANT: TP-23 F:\CAD\TurnKey\Merani Hospitality\401, 402, and 430 Buffalo Ave\SMP\Figure 8; Remaining Sample Locations Exceeding USCOs.dwg SB-11 SS-5 THE

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TP-18 402 & 430 BUFFALO AVENUE SITE N STREET 4TH SB-6 INFORMATION

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REMAINING SAMPLE LOCATIONS EXCEEDING USCOs PROPERTY SCALE: 1 INCH = 80 FEET SB-19 / MW-4

KRR SCALE IN FEET SUBJECT

IS (approximate)

REV DECEMBER 2015 FIGURE 8 DISCLAIMER: SUCH WITHOUT THE WRITTEN CONSENT OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC TURNKEY RESTORATION, LLC. DATE: DRAFTED BY: LEGEND: AS BCP BOUNDARY AND

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144 573.35 147 570.31 166 571.06 262 570.09 REVISIONS 104 575.17 105 573.89 124 577.37 123 580.27 103 576.32 266 573.76 122 579.69 102 577.29 205 576.53 244 575.68 247574.85 224 581.69 223 583.02 101 577.92 203 579.43 204 577.59 222 582.22 DATE 155 577.29 201 581.50 202 580.39 255 579.34 CONCRETE BY

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EXISTING SOIL BCP SITE NO. C932164 SITE MANAGEMENT PLAN MERANI HOSPITALITY, INC. NIAGARA FALLS, NEW YORK COVER SYSTEM 402 & 430 BUFFALO AVENUE SITE

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SCALE: 1 INCH = 20 FEET SCALE IN FEET (approximate)

FIGURE 10 SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

APPENDIX A

ENVIRONMENTAL EASEMENT

B T K 0294-013-001

SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

APPENDIX B

EXCAVATION WORK PLAN

B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

BROWNFIELD CLEANUP PROGRAM SITE MANAGEMENT PLAN

APPENDIX B EXCAVATION WORK PLAN

402 AND 430 BUFFALO AVENUE SITE NYSDEC SITE NUMBER: C932164 NIAGARA FALLS, NEW YORK

August 2015 0294-013-001

Prepared for:

Merani Hospitality, Inc. 7001 Buffalo Avenue Niagara Falls, New York

Prepared By:

B nvironmen tal ngineering cence,i

Benchmark Environmental Engineering & Science, PLLC 2558 Hamburg Turnpike, Suite 300 Buffalo, NY 14218

B-1 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE BCP SITE NO. C932164

SITE MANAGEMENT PLAN APPENDIX B: EXCAVATION PLAN 402 AND 430 BUFFALO AVENUE SITE

Table of Contents

B-1: NOTIFICATION ...... 3 B-2: SOIL SCREENING METHODS ...... 4 B-3: SOIL STAGING METHODS ...... 4 B-4: MATERIALS EXCAVATION AND LOAD-OUT ...... 4 B-5: MATERIALS TRANSPORT OFF-SITE ...... 5 B-6: MATERIALS DISPOSAL OFF-SITE ...... 6 B-7: MATERIALS REUSE ON-SITE ...... 6 B-8: FLUIDS MANAGEMENT ...... 8 B-9: COVER SYSTEM RESTORATION ...... 8 B-10: BACKFILL FROM OFF-SITE SOURCES ...... 8 B-11: STORMWATER POLLUTION PREVENTION ...... 9 B-12: EXCAVATION CONTINGENCY PLAN ...... 10 B-13: COMMUNITY AIR MONITORING PLAN ...... 11 B-14: ODOR CONTROL PLAN ...... 13 B-15: DUST CONTROL PLAN ...... 14 B-16: OTHER NUISANCES ...... 14

B-2 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

B-1: NOTIFICATION At least 15 days prior to the start of any activity that is anticipated to encounter remaining contamination, the site owner or their representative will notify the NYSDEC. Table 1 includes contact information for the above notification. The information on this table will be updated as necessary to provide accurate contact information.

Table 1: Notifications* NYSDEC (Region 9) Project Manager (716) 851-7220 Michael Hinton, P.E. [email protected]

NYSDEC Regional Engineer: (716) 851-7220 Gregory Sutton, P.E. [email protected]

* Note: Notifications are subject to change and will be updated as necessary. This notification will include:  A detailed description of the work to be performed, including the location and areal extent of excavation, plans/drawings for site re-grading, intrusive elements or utilities to be installed below the soil cover, estimated volumes of contaminated soil to be excavated and any work that may impact an engineering control;  A summary of environmental conditions anticipated to be encountered in the work areas, including the nature and concentration levels of contaminants of concern, potential presence of grossly contaminated media, and plans for any pre- construction sampling;  A schedule for the work, detailing the start and completion of all intrusive work;  A summary of the applicable components of this EWP;  A statement that the work will be performed in compliance with this EWP and 29 CFR 1910.120;  A copy of the contractor’s health and safety plan (HASP), in electronic format, if it differs from the HASP provided in Appendix D of this SMP;  Identification of disposal facilities for potential waste streams; and  Identification of sources of any anticipated backfill, along with all required chemical testing results.

B-3 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

B-2: SOIL SCREENING METHODS Visual, olfactory and instrument-based (e.g. photoionization detector) soil screening will be performed by a qualified environmental professional during all excavations into known or potentially contaminated material (remaining contamination). Soil screening will be performed when invasive work is done and will include all excavation and invasive work performed during development, such as excavations for foundations and utility work, after issuance of the COC. Soils will be segregated based on previous environmental data and screening results into material that requires off-site disposal and material that requires testing to determine if the material can be reused on-site as soil beneath a cover or if the material can be used as cover soil. Further discussion of off-site disposal of materials and on-site reuse is provided below.

B-3: SOIL STAGING METHODS Soil stockpiles will be continuously encircled with a berm and/or silt fence. Hay bales will be used as needed near catch basins, surface waters and other discharge points. Stockpiles will be kept covered at all times with appropriately anchored tarps. Stockpiles will be routinely inspected and damaged tarp covers will be promptly replaced. Stockpiles will be inspected at a minimum once each week and after every storm event. Results of inspections will be recorded in a logbook and maintained at the site and available for inspection by the NYSDEC.

B-4: MATERIALS EXCAVATION AND LOAD-OUT A qualified environmental professional or person under their supervision will oversee all invasive work and the excavation and load-out of all excavated material. The owner of the property and remedial party (if applicable) and its contractors are responsible for safe execution of all invasive and other work performed under this Plan. The presence of utilities and easements on the site will be investigated by the qualified environmental professional. It will be determined whether a risk or impediment to the planned work under this SMP is posed by utilities or easements on the site.

B-4 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

Loaded vehicles leaving the site will be appropriately lined, tarped, securely covered, manifested, and placarded in accordance with appropriate Federal, State, local, and NYSDOT requirements (and all other applicable transportation requirements). A truck wash will be operated on-site, as appropriate. The qualified environmental professional will be responsible for ensuring that all outbound trucks will be washed at the truck wash before leaving the site until the activities performed under this section are complete Truck wash waters will be collected and disposed of off-site in an appropriate manner. Locations where vehicles enter or exit the site shall be inspected daily for evidence of off-site soil tracking. The qualified environmental professional will be responsible for ensuring that all egress points for truck and equipment transport from the site are clean of dirt and other materials derived from the site during intrusive excavation activities. Cleaning of the adjacent streets will be performed as needed to maintain a clean condition with respect to site-derived materials.

B-5: MATERIALS TRANSPORT OFF-SITE All transport of materials will be performed by licensed haulers in accordance with appropriate local, State, and Federal regulations, including 6 NYCRR Part 364. Haulers will be appropriately licensed and trucks properly placarded. Material transported by trucks exiting the site will be secured with tight-fitting covers. Loose-fitting canvas-type truck covers will be prohibited. If loads contain wet material capable of producing free liquid, truck liners will be used. Truck transport routes shall be selected to involve the shortest commute through residential neighborhoods as feasible. All trucks loaded with site materials will exit the vicinity of the site using only these approved truck routes. This is the most appropriate route and takes into account: (a) limiting transport through residential areas and past sensitive sites; (b) use of city mapped truck routes; (c) prohibiting off-site queuing of trucks entering the facility; (d) limiting total distance to major highways; (e) promoting safety in access to highways; and (f) overall safety in transport. Trucks will be prohibited from stopping and idling in the neighborhood outside the project site.

B-5 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

Egress points for truck and equipment transport from the site will be kept clean of dirt and other materials during site remediation and development. Queuing of trucks will be performed on-site in order to minimize off-site disturbance. Off-site queuing will be prohibited.

B-6: MATERIALS DISPOSAL OFF-SITE All material excavated and removed from the site will be treated as contaminated and regulated material and will be transported and disposed in accordance with all local, State (including 6NYCRR Part 360) and Federal regulations. If disposal of material from this site is proposed for unregulated off-site disposal (i.e. clean soil removed for development purposes), a formal request with an associated plan will be made to the NYSDEC. Unregulated off-site management of materials from this site will not occur without formal NYSDEC approval. Off-site disposal locations for excavated soils will be identified in the pre-excavation notification. This will include estimated quantities and a breakdown by class of disposal facility if appropriate, i.e. hazardous waste disposal facility, solid waste landfill, petroleum treatment facility, C/D recycling facility, etc. Actual disposal quantities and associated documentation will be reported to the NYSDEC in the Periodic Review Report. This documentation will include: waste profiles, test results, facility acceptance letters, manifests, bills of lading and facility receipts. Non-hazardous historic fill and contaminated soils taken off-site will be handled, at minimum, as a Municipal Solid Waste per 6NYCRR Part 360-1.2. Material that does not meet Unrestricted SCOs is prohibited from being taken to a New York State recycling facility (6NYCRR Part 360-16 Registration Facility).

B-7: MATERIALS REUSE ON-SITE ‘Reuse on-site’ means reuse on-site of material that originates at the site and which does not leave the Site during the excavation. The criteria under which soil/fill originating on-Site may be used on-Site are presented below.  Excavated, Non-Impacted On-Site Soil/Fill: Non-impacted soil/fill (i.e., soil/fill that does not exhibit visible or olfactory evidence of contamination, and is not grossly contaminated (as described in Part 375), and does not exhibit PID readings

B-6 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

that exceed 10 parts per million (ppm) that is excavated from the Site may be used on-Site as backfill beneath the cover system without special handling. The qualified environmental professional will ensure that procedures defined for materials reuse in this SMP are followed and that unacceptable material does not remain on-Site.

 Excavated, Potentially Impacted On-Site Soil/Fill: Potentially impacted soil/fill (i.e., soils that exhibit field visual and/or olfactory evidence of contamination, or with elevated PID readings (above 10 ppm) may not be used on-Site unless tested and determined to meet the chemical criteria for Restricted Residential Use SCOs per 6NYCRR Part 375. Potentially impacted material will be segregated, as described above, and sampled to determine acceptance for reuse. The material reuse analyses will be discussed with the Department, and may include those constituents identified in 6NYCRR Part 375 for VOCs, SVOCs, metals, PCBs, pesticides and herbicides, in accordance with applicable USEPA SW846 analytical methodology.

The analytical results will be compared to NYSDEC’s current Restricted Residential Use SCOs. If concentrations are below RRSCOs, the soil/fill can be reused on-Site. If the concentrations are elevated above RRSCOs, the results shall be shared with the NYSDEC and approval obtained prior to their specified reuse on-Site. It should be noted the NYSDEC may require highly-impacted materials to be transported off-Site and disposed of at a permitted landfill facility in accordance with all applicable local, state, and federal regulations. Staging and stockpiling management of materials should be conducted as described in the sections above. The qualified environmental professional will ensure that procedures defined for materials reuse in this SMP are followed and that unacceptable material does not remain on- site. Contaminated on-site material, including historic fill and contaminated soil, that is acceptable for reuse on-site will be placed below the demarcation layer or impervious surface, and will not be reused within a cover soil layer, within landscaping berms, or as backfill for subsurface utility lines. Any demolition material proposed for reuse on-site will be sampled for asbestos and the results will be reported to the NYSDEC for acceptance. Concrete crushing or processing on-site will not be performed without prior NYSDEC approval. Organic matter (wood,

B-7 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164 roots, stumps, etc.) or other solid waste derived from clearing and grubbing of the site will not be reused on-site.

B-8: FLUIDS MANAGEMENT All liquids to be removed from the site, including but not limited to, excavation dewatering, decontamination waters and groundwater monitoring well purge and development waters, will be handled, transported and disposed in accordance with applicable local, State, and Federal regulations. Dewatering, purge, and development fluids will not be recharged back to the land surface or subsurface of the site, and will be managed off-site, unless prior approval is obtained from NYSDEC. Discharge of water generated during large-scale construction activities to surface waters (i.e. a local pond, stream, or river) will be performed under a SPDES permit.

B-9: COVER SYSTEM RESTORATION After the completion of soil removal and any other invasive activities the cover system will be restored in a manner that complies with the Decision Document. The existing cover system is comprised of a minimum of 24 inches of clean soil. The demarcation layer, consisting of orange snow fencing material, and/or equivalent material will be replaced to provide a visual reference to the top of the remaining contamination zone, the zone that requires adherence to special conditions for disturbance of remaining contaminated soils defined in this SMP. If the type of cover system changes from that which exists prior to the excavation (i.e., a soil cover is replaced by asphalt), this will constitute a modification of the cover element of the remedy and the upper surface of the remaining contamination. A figure showing the modified surface will be included in the subsequent Periodic Review Report and in an updated SMP.

B-10: BACKFILL FROM OFF-SITE SOURCES All materials proposed for import onto the site will be approved by the qualified environmental professional and will be in compliance with provisions in this SMP prior to receipt at the site. A Request to Import/Reuse Fill or Soil form, which can be found at

B-8 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164 http://www.dec.ny.gov/regulations/67386.html, will be prepared and submitted to the NYSDEC project manager allowing a minimum of 5 business days for review. Material from industrial sites, spill sites, or other environmental remediation sites or potentially contaminated sites will not be imported to the site. All imported soils will meet the backfill and cover soil quality standards established in 6NYCRR 375-6.7(d). Based on an evaluation of the land use, protection of groundwater and protection of ecological resources criteria, the resulting soil quality standards are listed in DER-10 Appendix 5 for Restricted-Residential Use. Soils that meet ‘exempt’ fill requirements under 6 NYCRR Part 360, but do not meet backfill or cover soil objectives for this site, will not be imported onto the site without prior approval by NYSDEC. Solid waste will not be imported onto the site. The criteria under which off-site material may be used as backfill are presented below.

 Off-Site Soil/Fill: Off-Site soil/fill may be used as backfill provided that it originates from known sources having no evidence of disposal or releases of hazardous substances; hazardous, toxic or radioactive wastes; or petroleum, and is tested and meet all of the criteria in accordance with Appendix 5 of DER-10. In addition, no off-Site materials meeting the definition of a solid waste as defined in 6 NYCRR, Part 360-1.2 (a) shall be used as backfill.  Other Off-Site Material: Material other than soil may be imported as backfill, without chemical testing, provided it contains less than 10% (by weight) material that would pass through a size 80 sieve: 1) Rock or stone, consisting of virgin material from a permitted mine or quarry; 2) Recycled concrete, brick, or asphalt from a NYSDEC-registered or permitted C&D debris processing facility (as specified in Section 360-16.1 of 6 NYCRR Part 360) that conforms to Section 304 of the New York State Department of Transportation Standard Specifications Construction and Materials Volume 1 (2002). As stated in Section 360-16.4(b)(2), the facility may only accept recognizable, uncontaminated, non-pulverized C&D debris or C&D debris from other authorized C&D processing facilities. According to Section 360-16.2(c), “uncontaminated” means C&D debris that is not mixed or commingled with other solid waste at the point of generation, processing, or disposal, and that is not contaminated with spills of a petroleum product, hazardous waste, or industrial waste.

B-11: STORMWATER POLLUTION PREVENTION If future site activities include large excavation, details of storm water pollution prevention will be included in the applicable notification provided to the Department. If

B-9 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164 required by the Department as part of the planned future excavation activities, barriers and hay bale checks will be installed and inspected once a week and after every storm event. Results of inspections will be recorded in a logbook and maintained at the site and available for inspection by the NYSDEC. All necessary repairs shall be made immediately. Accumulated sediments will be removed as required to keep the barrier and hay bale check functional. All undercutting or erosion of the silt fence toe anchor shall be repaired immediately with appropriate backfill materials. Manufacturer's recommendations will be followed for replacing silt fencing damaged due to weathering. Erosion and sediment control measures identified in the SMP shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters. Silt fencing or hay bales will be installed around the entire perimeter of the construction area.

B-12: EXCAVATION CONTINGENCY PLAN If underground tanks or other previously unidentified contaminant sources are found during post-remedial subsurface excavations or development related construction, excavation activities will be suspended until sufficient equipment is mobilized to address the condition. Sampling will be performed on product, sediment and surrounding soils, etc. as necessary to determine the nature of the material and proper disposal method. Chemical analysis will be performed in accordance with 6NYCRR Part 375 and consultation with the Department. Identification of unknown or unexpected contaminated media identified by screening during invasive site work will be promptly communicated by phone to NYSDEC’s Project Manager. Reportable quantities of petroleum product will also be reported to the NYSDEC spills hotline. These findings will be also included in the Periodic Review Report.

B-10 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

B-13: COMMUNITY AIR MONITORING PLAN The Community Air Monitoring Plan (CAMP) will follow the guidance provided in the New York State Department of Health (NYSDOH) Generic Community Air Monitoring Plan found in Appendix 1A of NYSDEC’s DER-10 Technical Guidance for Site Investigation and Remediation. The CAMP for this Site is included as Appendix D of this SMP. The CAMP will be implemented for all intrusive activities performed at the site. The upwind and downwind monitoring locations required in the generic CAMP will be determined based on the prevailing wind direction at the start of work. Air sampling locations will be adjusted on a daily or more frequent basis based on actual wind directions and work locations. VOC monitoring will be performed using a PID or other equipment that is capable of calculating 15-minute running average concentrations. All air monitoring equipment will be calibrated at least daily. The 15-minute average concentration will be compared to the levels specified below. Alternatively, the upwind monitoring location may be removed, as long as the background contribution is considered to be 0.0 ppm.

ORGANIC VAPOR PERIMETER MONITORING:  If the ambient air concentration of total organic vapors at the downwind perimeter of the work area or exclusion zone exceeds 5 parts per million (ppm) above background for the 15-minute average, work activities must be temporarily halted and monitoring continued. If the total organic vapor level readily decreases (per instantaneous readings) below 5 ppm over background, work activities can resume with continued monitoring.

 If total organic vapor levels at the downwind perimeter of the work area or exclusion zone persist at levels in excess of 5 ppm over background but less than 25 ppm, work activities must be halted, the source of vapors identified, corrective actions taken to abate emissions, and monitoring continued. After these steps, work activities can resume provided that the total organic vapor level 200 feet downwind of the exclusion zone or half the distance to the nearest potential receptor or residential/commercial structure, whichever is less - but in no case less than 20 feet, is below 5 ppm over background for the 15-minute average.

 If the organic vapor level is above 25 ppm at the perimeter of the work area, activities must be shutdown.

B-11 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

 All 15-minute readings must be recorded and be available for State (DEC and DOH) personnel to review. Instantaneous readings, if any, used for decision purposes should also be recorded.

EXPLOSIVE VAPORS: Explosive vapor community air monitoring will be performed at the downwind perimeter of the Site on a continuous basis whenever sustained atmospheric concentrations of greater than 10% of the LEL are recorded in the exclusion zone. If sustained atmospheric concentrations of greater than 10% LEL are recorded at the downwind Site perimeter, the local Fire Department will be contacted (see Section 2.5.1 of the SMP for phone number).

AIRBORNE PARTICULATE COMMUNITY AIR MONITORING Respirable (PM-10) particulate monitoring will be performed on a continuous basis at the downwind perimeter of the exclusion zone. The monitoring will be performed using real-time monitoring equipment capable of measuring less than 10 micrometers in size (PM- 10) and integrating over a period of 15-minutes for comparison to the airborne particulate action levels. The equipment will be equipped with an audible alarm to indicate exceedance of the action level. In addition, fugitive dust migration will be visually assessed during all work activities. All readings will be recorded and will be available for NYSDEC and NYSDOH review. Readings will be interpreted as follows:

 If the downwind PM-10 particulate level is 100 micrograms per cubic meter (ug/m3) greater than the background reading for the 15-minute period or if airborne dust is observed leaving the work area, then dust suppression techniques must be employed. Work may continue with dust suppression provided that the downwind PM-10 particulate levels do not exceed 150 ug/m3 above the background level and that visible dust is not migrating from the work area.

 If, after implementation of dust suppression techniques downwind PM-10 levels are greater than 150 ug/m3 above the background level, work activities must be stopped and dust suppression controls re-evaluated. Work can resume provided that dust suppression measures and other controls are successful in reducing the downwind PM-10 particulate concentration to within 150 ug/m3 of the background level and in preventing visible dust migration.

B-12 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

The location of air sampling stations will be based on generally prevailing wind conditions. These locations will be adjusted throughout the day based on actual wind directions to provide upwind (if used) and downwind monitoring stations. Upwind/background monitoring may be discontinued in the event of obtaining a sustained 0.0 ppm reading. Exceedance of action levels listed in the CAMP will be reported to NYSDEC and NYSDOH Project Managers.

B-14: ODOR CONTROL PLAN This odor control plan is capable of controlling emissions of nuisance odors off-site and on-site. Specific odor control methods may include: limiting exposed face of the excavation area, reduction in work hours and/or specific work activities (e.g. load out of material), proof rolling excavation, and application of odor control agents (e.g. spray-foam). If nuisance odors are identified at the Site boundary, or if odor complaints are received, work will be halted and the source of odors will be identified and corrected. Work will not resume until all nuisance odors have been abated. NYSDEC and NYSDOH will be notified of all odor events and of any other complaints about the project. Implementation of all odor controls, including the halt of work, is the responsibility of the property owner’s Remediation Engineer, and any measures that are implemented will be discussed in the Periodic Review Report. All necessary means will be employed to prevent on- and off-site nuisances. At a minimum, these measures will include: (a) limiting the area of open excavations and size of soil stockpiles; (b) shrouding open excavations with tarps and other covers; and (c) using foams to cover exposed odorous soils. If odors develop and cannot be otherwise controlled, additional means to eliminate odor nuisances will include: (d) direct load-out of soils to trucks for off-site disposal; (e) use of chemical odorants in spray or misting systems; and, (f) use of staff to monitor odors in surrounding neighborhoods. If nuisance odors develop during intrusive work that cannot be corrected, or where the control of nuisance odors cannot otherwise be achieved due to on-site conditions or close proximity to sensitive receptors, odor control will be achieved by sheltering the excavation and handling areas in a temporary containment structure equipped with appropriate air venting/filtering systems.

B-13 B T K 0294-013-001 SMP – APPENDIX B: EXCAVATION WORK PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

B-15: DUST CONTROL PLAN A dust suppression plan that addresses dust management during invasive on-site work will include, at a minimum, the items listed below:  Dust suppression will be achieved through the use of a dedicated on-site water truck for road wetting. The truck will be capable of spraying water directly onto off-road areas including excavations and stockpiles.  Clearing and grubbing of larger sites will be done in stages to limit the area of exposed, unvegetated soils vulnerable to dust production.  Gravel will be used on roadways to provide a clean and dust-free road surface.  On-site roads will be limited in total area to minimize the area required for water truck sprinkling.  Covering or proof-rolling excavated areas and materials after excavation activity ceases.  Reducing the excavation size and/or number of excavations

B-16: OTHER NUISANCES A plan for rodent control will be developed and utilized by the contractor prior to and during site clearing and site grubbing, and during all remedial work. A plan will be developed and utilized by the contractor for all remedial work to ensure compliance with local noise control ordinances.

B-14 B T K 0294-013-001 SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE BCP SITE NO. C932164

APPENDIX C

MONITORING WELL BORING & CONSTRUCTION LOGS

0294-013-001 B T K Project No: 0294-013-001 Borehole Number: MW-1

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Augered to 18 fbgs. Auger refusal on Suspected Bedrock at 18 fbgs.

For Soil Descriptions see SB-18 boring log. Concrete Road box Road Native Material 2" PVC Riser 2" PVC

5.0 Depth to water 5.81 fbgs to water Depth Bentonite chips Bentonite

10.0

15.0 2" PVC Screen, 0.010" slot Screen, 2" PVC

-18.0 18.0 End of Borehole

20.0 00N Silica Sand

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: 3 1/4-inch HSA Datum: Mean Sea Level Comments: Drill Date(s): 04/10/2015 Sheet: 1 of 1 Project No: 0294-013-001 Borehole Number: MW-2

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Augered to 13 fbgs. Auger refusal at 13 fbgs. Concrete

5.0 Native Material Depth to water 5.76 fbgs Depth to water 2" PVC Riser 2" PVC Bentonite chips Bentonite

10.0 2" PVC Screen, 0.010" slot Screen, 2" PVC

-13.0 13.0 End of Borehole

15.0 00N Silica Sand

20.0

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: 3 1/4 inch HSA Datum: Mean Sea Level Comments: Drill Date(s): 04/10/2015 Sheet: 1 of 1 Project No: 0294-013-001 Borehole Number: MW-3

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Poorly Graded Sand with Silt Brown, moist, mostly fine sand, little non-plastic fines, trace organic material, loose S1 4 1.0

0.0 Road box Road

S2 5 1.1 Concrete

-4.0 0.0 Native Material 4.0 Silty Sand Reddish brown, mostly fine sand, few non-plastic fines, 5.0 trace coarse sand, medium dense, massive S3 23 1.8 Sample Collected -6.0 0.0 6.0 Poorly Graded Sand with Gravel 100 S4 WH 1.3 -7.0 Reddish brown, moist, mostly fine sand, few cobbles, Riser 2" PVC 7.0 very dense, spoon refusal at 7 fbgs. Augered to 8 fbgs. -8.0 0.0 Bentonite chips Bentonite 8.0 100 00N Silica Sand Poorly Graded Sand with Gravel S5 0.6 -8.7 WH 8.7 Reddish brown, moist, mostly fine sand, few fine gravel (sub-angular), little coarse sand, very dense Augered to 10 fbgs. -10.0 0.0 10.0 10.0

Poorly Graded Sand with Gravel 10.59 fbgs to water Depth Brown, wet, mostly fine sand, some fine gravel (sub- angular), very dense, massive S6 63 1.0

0.0

S7 118 1.75 0.010" slot Screen, 2" PVC

-14.0 0.0 14.0 End of Borehole

15.0

20.0

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: Continuous SS with 3 1/4 inch HSA Datum: Mean Sea Level Comments: Soil Cuttings screened for RAD by Greater Radiological Dimensions (GRD) Drill Date(s): 04/15/2015 Sheet: 1 of 1 Project No: 0294-013-001 Borehole Number: MW-4

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Augered to 13.5 fbgs. Auger refusal on suspected bedrock at 13.5 fbgs.

For soil descriptions see SB-19 boring log. Concrete Road box Road

5.0 Native Material 2" PVC Riser 2" PVC Bentonite chips Bentonite Depth to water 9.37 fbgs to water Depth

10.0 2" PVC Screen, 0.010" slot Screen, 2" PVC

-13.5 13.5 End of Borehole

15.0 00N Silica Sand

20.0

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: 3 1/4 inch HSA Datum: Mean Sea Level Comments: Drill Date(s): 04/10/2015 Sheet: 1 of 1 Project No: 0294-013-001 Borehole Number: MW-5

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Augered to 17 fbgs. Auger refusal on suspected bedrock at 17 fbgs. 0.0

For soil descriptions see SB-13 boring log.

0.0 Concrete Road box Road

0.0

7.8

20.7 5.0 Sample Native Material Collected 9.5 Deptht to water 6.05 fbgs to water Deptht

5.6

0.0 Bentonite chips Bentonite

0.0

0.0 Riser 2" PVC 10.0

0.0

0.0

0.0

0.0

0.0 15.0

0.0 2" PVC Screen, 0.010" slot Screen, 2" PVC

-17.0 0.0 17.0 End of Borehole 00N Silica Sand

20.0

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: 3 1/4 inch HSA Datum: Mean Sea Level Comments: Drill Date(s): 04/14/2015 Sheet: 1 of 1 Project No: 0294-013-001 Borehole Number: MW-6

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Augered to 14 fbgs. Auger refusal on suspected

bedrock at 14 fbgs. Concrete

For soil descriptions see SB-15 boring log. Road box Road Native Material

5.0 5.28 fbgs Depth to water 2" PVC Riser 2" PVC Bentonite chips Bentonite

10.0 2" PVC Screen, 0.010" slot Screen, 2" PVC

-14.0 14.0 End of Borehole

15.0 00N Silica Sand

20.0

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: 3 1/4 inch HSA Datum: Mean Sea Level Comments: Drill Date(s): 04/13/2015 Sheet: 1 of 1 Project No: 0294-013-001 Borehole Number: MW-7

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Augered to 11.5 fbgs. Auger refusal on suspected

bedrock at 11.5 fbgs. Concrete

For soil descriptions see SB-16 boring log. Road box Road Native Material

5.0 2" PVC Riser 2" PVC Bentonite chips Bentonite Depth to water 9.65 fbgs Depth to water

10.0 2" PVC Screen, 0.010" slot Screen, 2" PVC

-11.5 11.5 End of Borehole 00N Silica Sand

15.0

20.0

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: 3 1/4 inch HSA Datum: Mean Sea Level Comments: Drill Date(s): 04/13/2015 Sheet: 1 of 1 Project No: 0294-013-001 Borehole Number: MW-8

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Augered to 11.5 fbgs. Auger refusal on suspected

bedrock at 11.5 fbgs. Concrete

For soil descriptions see SB-14 boring log. Road box Road Native Material

5.0 Depth to water 5.36 fbgs to water Depth 2" PVC Riser 2" PVC Bentonite chips Bentonite

10.0 2" PVC Screen, 0.010" slot Screen, 2" PVC

-11.5 11.5 End of Borehole 00N Silica Sand

15.0

20.0

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: 3 1/4 inch HSA Datum: Mean Sea Level Comments: Drill Date(s): 04/13/2015 Sheet: 1 of 1 Project No: 0294-013-001 Borehole Number: MW-9

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Augered to 16.0 fbgs. Auger refusal on suspected bedrock at 16.0 fbgs.

For soil descriptions see SB-12 boring log. Concrete Road box Road

5.0 Native Material 2" PVC Riser 2" PVC Depth to water 6.11 fbgs to water Depth Bentonite chips Bentonite

10.0 00N Silica Sand 2" PVC Screen, 0.010" slot Screen, 2" PVC 15.0

-16.0 16.0 End of Borehole

20.0

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: 3 1/4 inch HSA Datum: Mean Sea Level Comments: Drill Date(s): 04/14/2015 Sheet: 1 of 1 Project No: 0294-013-001 Borehole Number: MW-10

Project: 402 and 430 Buffalo Ave Remedial Investigation A.K.A.:

Client: Merani Hospitality, Inc. Logged By: JJR TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: Niagara Falls, New York Checked By: NTM Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Augered to 14 fbgs. Auger refusal on suspected

bedrock at 14 fbgs. Concrete

For soil descritions see SB-17 boring log. Road box Road

5.0 Native Material Depth to water 5.46 fbgs to water Depth 2" PVC Riser 2" PVC Bentonite chips Bentonite

10.0 2" PVC Screen, 0.010" slot Screen, 2" PVC

-14.0 14.0 End of Borehole

15.0 00N Silica Sand

20.0

Drilled By: Earth Dimensions, Inc. Hole Size: 8 1/4 inch Drill Rig Type: Diedrich D120 Stick-up: NA Drill Method: 3 1/4-inch HSA Datum: Mean Sea Level Comments: Drill Date(s): 04/14/2015 Sheet: 1 of 1 Project No: 0271-013-001 Borehole Number: SB-01

Project: Limited Phase II Environmental Investigation A.K.A.:

Client: The Slater Law Firm, PLLC Logged By: PWW TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 and 430 Buffalo Avenue, Niagara Falls Checked By: BCH Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 25 50 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Ashphalt 46.2

-1.0 Poorly Graded Sand 12.2 1.0 Blackish brown, moist, mostly fine sand, trace non- Sampled plastic fines, loose when disturbed, no odors (0-2')

Poorlyl Graded Sand with Silt S-1 NA 3.0 Brown, moist to wet (3.5'), mostly fine sand, few non- plastic fines, loose when disturbed, no odors 6.3 DTW = 4 fbgs = DTW

-4.0 4.0 As above, wet 10.6 5.0

S-2 NA 4.0

No odors 20.2

-8.0 8.0 As above 4.7

10.0 S-3 NA 4.0

4.9

-12.0 12.0 As above 4.0

S-4 NA 4.0

2.8 15.0

-16.0 16.0 End of Borehole

Drilled By: DDS Companies Hole Size: 3" Drill Rig Type: 66 DT Geoprobe Track Mounted Rig Stick-up: NA Drill Method: Direct Push with 4' Macro-core Datum: Mean Sea Level Comments: Drill Date(s): 10-3-13 Sheet: 1 of 1 Project No: 0271-013-001 Borehole Number: SB-02

Project: Limited Phase II Environmental Investigation A.K.A.:

Client: The Slater Law Firm, PLLC Logged By: PWW TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 and 430 Buffalo Avenue, Niagara Falls Checked By: BCH Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Ashphalt 13.1 Silt with Sand 6.4 Brown, moist, mostly non-plastic fines with little fine sand, low dry strength, low toughness, very dense massive

S-1 NA 2.2

4.9

-4.0 4.0 As above

10.9 5.0

S-2 NA 4.0

No odors 22.3 Sampled (6-8')

-8.0 8.0 As above, moist to wet (10.5')

6.2

10.0 S-3 NA 4.0 DTW = 10.5 fbgs = DTW

10.0

-12.0 12.0 End of Borehole

15.0

Drilled By: DDS Companies Hole Size: 3" Drill Rig Type: 66 DT Geoprobe Track Mounted Rig Stick-up: NA Drill Method: Direct Push with 4' Macro-core Datum: Mean Sea Level Comments: Drill Date(s): 10-3-13 Sheet: 1 of 1 Project No: 0271-013-001 Borehole Number: SB-03

Project: Limited Phase II Environmental Investigation A.K.A.:

Client: The Slater Law Firm, PLLC Logged By: PWW TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 and 430 Buffalo Avenue, Niagara Falls Checked By: BCH Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Ashphalt 0.0 Poorly Graded Sand 0.0 -1.0 Blackish brown, moist, mostly fine sand, trace non- 1.0 plastic fines, loose when disturbed Poorly Graded Sand with Silt Brown, moist, mostly fine sand, few non-plastic fines, S-1 NA 3.0 loose when disturbed, no odors

0.0

-4.0 4.0 As above, moist to wet (4.5') 4.5 fbgs = DTW

0.0 5.0

S-2 NA 4.0

0.0

-8.0 8.0 As above, wet

0.0

10.0 S-3 NA 4.0

0.0

-12.0 12.0 End of Borehole

15.0

Drilled By: DDS Companies Hole Size: 3" Drill Rig Type: 66 DT Geoprobe Track Mounted Rig Stick-up: NA Drill Method: Direct Push with 4' Macro-core Datum: Mean Sea Level Comments: Drill Date(s): 10-3-13 Sheet: 1 of 1 Project No: 0271-013-001 Borehole Number: SB-04

Project: Limited Phase II Environmental Investigation A.K.A.:

Client: The Slater Law Firm, PLLC Logged By: PWW TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 and 430 Buffalo Avenue, Niagara Falls Checked By: BCH Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Topsoil -0.5 0.0 0.5 Sandy Silt 0.0 Brown, moist, mostly non-plastic fines with little fine sand, few subangular gravel, low dry strength, low toughness, v. stiff, massive S-1 NA 2.8

0.0

-4.0 4.0 As above

0.0 5.0

S-2 NA 3.0

0.0

-8.0 8.0 As above, moist to wet (11')

0.0

10.0 S-3 NA 3.6

0.0 11 fbgs = DTW

-12.0 12.0 End of Borehole

15.0

Drilled By: DDS Companies Hole Size: 3" Drill Rig Type: 66 DT Geoprobe Track Mounted Rig Stick-up: NA Drill Method: Direct Push with 4' Macro-core Datum: Mean Sea Level Comments: Drill Date(s): 10-3-13 Sheet: 1 of 1 Project No: 0271-013-001 Borehole Number: SB-05

Project: Limited Phase II Environmental Investigation A.K.A.:

Client: The Slater Law Firm, PLLC Logged By: PWW TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 and 430 Buffalo Avenue, Niagara Falls Checked By: BCH Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Sandy Silt 0.0 Brown, moist, mostly non-plastic fines with little fine 0.0 sand, few subangular gravel, low dry strength, low toughness, v. stiff, massive

S-1 NA 2.6

0.0

-4.0 4.0 As above 0.0 5.0

S-2 NA 3.2

0.0

-8.0 8.0 As above, moist to wet (11') 0.0

10.0 S-3 NA 4.0

0.0 11 fbgs = DTW

-12.0 12.0 As above, wet 0.0

S-4 NA 3.6

0.0 15.0

-16.0 16.0 End of Borehole

Drilled By: DDS Companies Hole Size: 3" Drill Rig Type: 66 DT Geoprobe Track Mounted Rig Stick-up: NA Drill Method: Direct Push with 4' Macro-core Datum: Mean Sea Level Comments: Drill Date(s): 10-3-13 Sheet: 1 of 1 Project No: 0271-013-001 Borehole Number: SB-06

Project: Limited Phase II Environmental Investigation A.K.A.:

Client: The Slater Law Firm, PLLC Logged By: PWW TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 and 430 Buffalo Avenue, Niagara Falls Checked By: BCH Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE SAMPLE

PID Well Completion Lab Details Description VOCs Depth Elev. Sample or (ASTM D2488: Visual-Manual Procedure) (fbgs) /Depth Remarks ppm 0 12.5 25 Sample No. SPT N-Value (ft) Recovery Symbol

0.0 Ground Surface 0.0 0.0 Topsoil -0.5 0.0 0.5 Sandy Silt 0.0 Brown, moist, mostly non-plastic fines with little fine sand, few subangular gravel, low dry strength, low toughness, v. stiff, massive S-1 NA 2.8

0.0

-4.0 4.0 As above

0.0 5.0

S-2 NA 3.0

0.0

-8.0 8.0 As above, moist to wet (11')

0.0

10.0 S-3 NA 3.6

0.0 11 fbgs = DTW

-12.0 12.0 End of Borehole

15.0

Drilled By: DDS Companies Hole Size: 3" Drill Rig Type: 66 DT Geoprobe Track Mounted Rig Stick-up: NA Drill Method: Direct Push with 4' Macro-core Datum: Mean Sea Level Comments: Drill Date(s): 10-3-13 Sheet: 1 of 1 TEST PIT EXCAVATION LOG

Project No: 0271-013-001 Test Pit I.D.: TP-01

Project: Limited Phase II Environmental Investigation Logged By: PWW

Client: The Slater Law Firm, PLLC Checked By: BCH TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 & 430 Buffalo Avenue, Niagara Falls Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE PID VOCs Lab Description Remarks Depth Elev. Sample (ASTM D2488: Visual-Manual Procedure) Lithologic Symbol (fbgs) /Depth ppm 0 25 50 75 100

0.0 Ground Surface 0.0 0.0 Gravel Sub-base

0.0

-1.0 0.0 1.0 Fill Reddish brown, moist, mostly red and yellow brick, concrete, little fine sand, loose when disturbed,

0.0

Sampled (1-6')

0.0 5.0

-6.0 6.0 refusal on suspected concrete @ 6 fbgs End of Test Pit

Excavated By: Turnkey Environmental Restoration Length: 9' Depth to Water: None Excavator Type: Bobcat Excavator ZHS430 Width: 2.5' Visual Impacts: None Excavation Date(s): 10-4-13 Depth: 6' Olfactory Observations: None Comments: Sheet: 1 of 1 TEST PIT EXCAVATION LOG

Project No: 0271-013-001 Test Pit I.D.: TP-02

Project: Limited Phase II Environmental Investigation Logged By: PWW

Client: The Slater Law Firm, PLLC Checked By: BCH TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 & 430 Buffalo Avenue, Niagara Falls Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE PID VOCs Lab Description Remarks Depth Elev. Sample (ASTM D2488: Visual-Manual Procedure) Lithologic Symbol (fbgs) /Depth ppm 0 25 50 75 100

0.0 Ground Surface 0.0 0.0 Gravel Sub-base 0.0

-1.0 0.0 1.0 Fill Brown, moist, mostly non-plastic fines with brick, loose when disturbed -2.0 2.0 Sandy Lean Clay Reddish brown, moist, mostly medium plasticity fines, some fine sand, stiff, massive 0.0

0.0 5.0

0.0

-9.0 0.0 9.0 End of Test Pit

10.0

Excavated By: Turnkey Environmental Restoration Length: 9' Depth to Water: None Excavator Type: Bobcat Excavator ZHS430 Width: 2.5' Visual Impacts: None Excavation Date(s): 10-4-13 Depth: 9' Olfactory Observations: None Comments: Sheet: 1 of 1 TEST PIT EXCAVATION LOG

Project No: 0271-013-001 Test Pit I.D.: TP-03

Project: Limited Phase II Environmental Investigation Logged By: PWW

Client: The Slater Law Firm, PLLC Checked By: BCH TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 & 430 Buffalo Avenue, Niagara Falls Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE PID VOCs Lab Description Remarks Depth Elev. Sample (ASTM D2488: Visual-Manual Procedure) Lithologic Symbol (fbgs) /Depth ppm 0 25 50 75 100

0.0 Ground Surface 0.0 0.0 Gravel Sub-base

0.0

-1.0 0.0 1.0 Fill Reddish brown, moist, mostly red and yellow brick, concrete, little fine sand, loose when disturbed,

Sampled fill (1-4.5') 0.0

0.0

refusal on suspected concrete @ 4.5 fbgs -4.5 4.5 End of Test Pit

5.0

Excavated By: Turnkey Environmental Restoration Length: 9' Depth to Water: None Excavator Type: Bobcat Excavator ZHS430 Width: 2.5' Visual Impacts: None Excavation Date(s): 10-4-13 Depth: 4.5' Olfactory Observations: None Comments: Sheet: 1 of 1 TEST PIT EXCAVATION LOG

Project No: 0271-013-001 Test Pit I.D.: TP-04

Project: Limited Phase II Environmental Investigation Logged By: PWW

Client: The Slater Law Firm, PLLC Checked By: BCH TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 & 430 Buffalo Avenue, Niagara Falls Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE PID VOCs Lab Description Remarks Depth Elev. Sample (ASTM D2488: Visual-Manual Procedure) Lithologic Symbol (fbgs) /Depth ppm 0 25 50 75 100

0.0 Ground Surface 0.0 0.0 Gravel Sub-base 0.0

-1.0 0.0 1.0 Fill Brown, moist, mostly non-plastic fines with brick, loose Sampled when disturbed (1-2') -2.0 2.0 Sandy Lean Clay Reddish brown, moist, mostly medium plasticity fines, some fine sand, stiff, massive 0.0

0.0 5.0

0.0

-9.0 0.0 9.0 End of Test Pit

10.0

Excavated By: Turnkey Environmental Restoration Length: 9' Depth to Water: None Excavator Type: Bobcat Excavator ZHS430 Width: 2.5' Visual Impacts: None Excavation Date(s): 10-4-13 Depth: 9' Olfactory Observations: None Comments: Sheet: 1 of 1 TEST PIT EXCAVATION LOG

Project No: 0271-013-001 Test Pit I.D.: TP-05

Project: Limited Phase II Environmental Investigation Logged By: PWW

Client: The Slater Law Firm, PLLC Checked By: BCH TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 & 430 Buffalo Avenue, Niagara Falls Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE PID VOCs Lab Description Remarks Depth Elev. Sample (ASTM D2488: Visual-Manual Procedure) Lithologic Symbol (fbgs) /Depth ppm 0 25 50 75 100

0.0 Ground Surface 0.0 0.0 Gravel Sub-base

0.0

-1.0 0.0 1.0 Fill Reddish brown, moist, mostly red and yellow brick, concrete, little fine sand, loose when disturbed,

0.0 Sampled (1-3')

0.0

-3.0 3.0 refusal on suspected concrete @ 3 fbgs End of Test Pit

5.0

Excavated By: Turnkey Environmental Restoration Length: 9' Depth to Water: None Excavator Type: Bobcat Excavator ZHS430 Width: 2.5' Visual Impacts: None Excavation Date(s): 10-4-13 Depth: 3' Olfactory Observations: None Comments: Sheet: 1 of 1 TEST PIT EXCAVATION LOG

Project No: 0271-013-001 Test Pit I.D.: TP-06

Project: Limited Phase II Environmental Investigation Logged By: PWW

Client: The Slater Law Firm, PLLC Checked By: BCH TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 & 430 Buffalo Avenue, Niagara Falls Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE PID VOCs Lab Description Remarks Depth Elev. Sample (ASTM D2488: Visual-Manual Procedure) Lithologic Symbol (fbgs) /Depth ppm 0 25 50 75 100

0.0 Ground Surface 0.0 0.0 Gravel Sub-base 0.0

-1.0 0.0 1.0 Fill Brown, moist, mostly non-plastic fines with brick, loose when disturbed -2.0 2.0 Sandy Lean Clay Reddish brown, moist, mostly medium plasticity fines, some fine sand, stiff, massive 0.0 Sampled (2-4')

0.0 5.0

0.0

-9.0 0.0 9.0 End of Test Pit

10.0

Excavated By: Turnkey Environmental Restoration Length: 9' Depth to Water: None Excavator Type: Bobcat Excavator ZHS430 Width: 2.5' Visual Impacts: None Excavation Date(s): 10-4-13 Depth: 9' Olfactory Observations: None Comments: Sheet: 1 of 1 TEST PIT EXCAVATION LOG

Project No: 0271-013-001 Test Pit I.D.: TP-07

Project: Limited Phase II Environmental Investigation Logged By: PWW

Client: The Slater Law Firm, PLLC Checked By: BCH TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 & 430 Buffalo Avenue, Niagara Falls Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE PID VOCs Lab Description Remarks Depth Elev. Sample (ASTM D2488: Visual-Manual Procedure) Lithologic Symbol (fbgs) /Depth ppm 0 25 50 75 100

0.0 Ground Surface 0.0 0.0 Gravel Sub-base 0.0

-1.0 0.0 1.0 Fill Brown, moist, mostly non-plastic fines with brick, loose when disturbed -2.0 2.0 Sampled Sandy Lean Clay (1-3') Reddish brown, moist, mostly medium plasticity fines, some fine sand, stiff, massive 0.0

0.0 5.0

0.0

-9.0 0.0 9.0 End of Test Pit

10.0

Excavated By: Turnkey Environmental Restoration Length: 9' Depth to Water: None Excavator Type: Bobcat Excavator ZHS430 Width: 2.5' Visual Impacts: None Excavation Date(s): 10-4-13 Depth: 9' Olfactory Observations: None Comments: Sheet: 1 of 1 TEST PIT EXCAVATION LOG

Project No: 0271-013-001 Test Pit I.D.: TP-08

Project: Limited Phase II Environmental Investigation Logged By: PWW

Client: The Slater Law Firm, PLLC Checked By: BCH TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Site Location: 401, 402 & 430 Buffalo Avenue, Niagara Falls Buffalo, NY 14218 (716) 856-0635

SUBSURFACE PROFILE PID VOCs Lab Description Remarks Depth Elev. Sample (ASTM D2488: Visual-Manual Procedure) Lithologic Symbol (fbgs) /Depth ppm 0 25 50 75 100

0.0 Ground Surface 0.0 0.0 Gravel Sub-base

0.0

-1.0 0.0 1.0 Fill Reddish brown, moist, mostly red and yellow brick, concrete, little fine sand, loose when disturbed,

0.0

0.0

refusal on suspected concrete @ 3 fbgs -3.0 3.0 End of Test Pit

5.0

Excavated By: Turnkey Environmental Restoration Length: 9' Depth to Water: None Excavator Type: Bobcat Excavator ZHS430 Width: 2.5' Visual Impacts: None Excavation Date(s): 10-4-13 Depth: 3' Olfactory Observations: None Comments: Sheet: 1 of 1 SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE BCP SITE NO. C932164

APPENDIX D

HEALTH & SAFETY PLAN (HASP)

0294-013-001 B T K

SITE HEALTH AND SAFETY PLAN for BROWNFIELD CLEANUP PROGRAM POST REMEDIAL ACTIVITIES

402 AND 430 BUFFALO AVENUE SITE

NIAGARA FALLS, NEW YORK

November 2015 0294-013-001

Prepared for:

MERANI HOSPITALITY, INC.

Prepared by:

Prepared By: B Benchmark Environmental Engineering & Science, PLLC 2558 Hamburg Turnpike, Suite 300 nvironmen tal Buffalo, NY 14218 ngineering (716)856-0599 cence,i

In Association With:

TurnKey Environmental Restoration, LLC 2558 Hamburg Turnpike, Suite 300 Buffalo, NY 14218 (716)856-0635

401, 402, AND 430 BUFFALO AVENUE SITE HEALTH AND SAFETY PLAN FOR POST REMEDIAL ACTIVITIES

ACKNOWLEDGEMENT

Plan Reviewed by (initial):

Corporate Health and Safety Director: Thomas H. Forbes, P.E.

Project Manager: Michael Lesakowski

Designated Site Safety and Health Officer: Bryan C. Hann

Acknowledgement: I acknowledge that I have reviewed the information contained in this site-specific Health and Safety Plan, and understand the hazards associated with performance of the field activities described herein. I agree to comply with the requirements of this plan.

NAME (PRINT) SIGNATURE DATE

B T K 0294-013-001

402 AND 430 BUFFALO AVENUE SITE HEALTH AND SAFETY PLAN FOR POST REMEDIAL ACTIVITIES

TABLE OF CONTENTS

1.0 INTRODUCTION ...... 4 1.1 General ...... 4 1.2 Background ...... 4 1.3 Parameters of Interest ...... 5 1.4 Overview of BCP Activities ...... 5

2.0 ORGANIZATIONAL STRUCTURE ...... 7 2.1 Roles and Responsibilities ...... 7 2.1.1 Corporate Health and Safety Director ...... 7 2.1.2 Project Manager ...... 7 2.1.3 Site Safety and Health Officer ...... 8 2.1.4 Site Workers ...... 9 2.1.5 Other Site Personnel ...... 9

3.0 HAZARD EVALUATION ...... 10 3.1 Physical Hazards ...... 11

4.0 TRAINING ...... 12 4.1 Site Workers ...... 12 4.1.1 Initial and Refresher Training ...... 12 4.1.2 Site Training ...... 13 4.2 Supervisor Training ...... 14 4.3 Emergency Response Training ...... 14 4.4 Site Visitors ...... 14

5.0 MEDICAL MONITORING ...... 15

6.0 SAFE WORK PRACTICES ...... 17

7.0 PERSONAL PROTECTIVE EQUIPMENT ...... 19 7.1 Equipment Selection ...... 19 7.2 Protection Ensembles ...... 20 7.2.1 Level A/B Protection Ensemble ...... 20 7.2.2 Level C Protection Ensemble ...... 20 7.2.3 Level D Protection Ensemble ...... 21 7.2.4 Recommended Level of Protection for Site Tasks ...... 22

8.0 EXPOSURE MONITORING ...... 23

B T K 0294-013-001 i

402 AND 430 BUFFALO AVENUE SITE HEALTH AND SAFETY PLAN FOR POST REMEDIAL ACTIVITIES

TABLE OF CONTENTS

8.1 General ...... 23 8.1.1 On-Site Work Zone Monitoring ...... 23 8.1.2 Off-Site Community Air Monitoring ...... 23 8.2 Monitoring Action Levels ...... 24 8.2.1 On-Site Work Zone Action Levels ...... 24 8.2.2 Community Air Monitoring Action Levels ...... 25

9.0 SPILL RELEASE/RESPONSE ...... 28 9.1 Potential Spills and Available Controls ...... 28 9.2 Initial Spill Notification and Evaluation ...... 29 9.3 Spill Response ...... 29 9.4 Post-Spill Evaluation ...... 30

10.0 HEAT/COLD STRESS MONITORING ...... 31 10.1 Heat Stress Monitoring ...... 31 10.2 Cold Stress Monitoring ...... 33

11.0 WORK ZONES AND SITE CONTROL ...... 35

12.0 DECONTAMINATION ...... 37 12.1 Decontamination for TurnKey-Benchmark Employees ...... 37 12.2 Decontamination for Medical Emergencies ...... 37 12.3 Decontamination of Field Equipment ...... 38

13.0 CONFINED SPACE ENTRY ...... 39

14.0 FIRE PREVENTION AND PROTECTION ...... 40 14.1 General Approach ...... 40 14.2 Equipment and Requirements ...... 40 14.3 Flammable and Combustible Substances ...... 40 14.4 Hot Work ...... 40

15.0 EMERGENCY INFORMATION ...... 41

B T K 0294-013-001 ii

402 AND 430 BUFFALO AVENUE SITE HEALTH AND SAFETY PLAN FOR POST REMEDIAL ACTIVITIES

TABLE OF CONTENTS

LIST OF TABLES Table 1 Toxicity Data for Constituents of Potential Concern Table 2 Potential Routes of Exposure to Constituents of Potential Concern Table 3 Required Levels of Protection for BCP Activities

LIST OF FIGURES Figure 1 Site Vicinity and Location Map Figure 2 Site Map

ATTACHMENTS Attachment A Emergency Response Plan Attachment B Hot Work Permit Form Attachment C Community Air Monitoring Plan

B T K 0294-013-001 iii

Health & Safety Plan for Post Remedial Activities

1.0 INTRODUCTION

1.1 General In accordance with OSHA requirements contained in 29 CFR 1910.120, this Health and Safety Plan (HASP) describes the specific health and safety practices and procedures to be employed by Benchmark Environmental Engineering & Science, PLLC and TurnKey Environmental Restoration, LLC employees (referred to jointly hereafter as “Benchmark- TurnKey”) during Brownfield Cleanup Program (BCP) redevelopment activities at the 402 and 430 Buffalo Avenue Site (Site) located in the City of Niagara Falls, Niagara County, New York. This HASP presents procedures for Benchmark-TurnKey employees who will be involved with BCP redevelopment activities; it does not cover the activities of other contractors, subcontractors or other individuals on the Site. These firms will be required to develop and enforce their own HASPs as discussed in Section 2.0. Benchmark-TurnKey accepts no responsibility for the health and safety of contractor, subcontractor, or other personnel. This HASP presents information on known Site health and safety hazards using available historical information, and identifies the equipment, materials and procedures that will be used to eliminate or control these hazards. Environmental monitoring will be performed during the course of field activities to provide real-time data for on-going assessment of potential hazards.

1.2 Background The subject property (hereinafter, the “Project Site” or the “Site”) subject to the Brownfield Cleanup Agreement (BCA) is comprised of three (3) adjoining parcels totaling 6.2 acres, located in a highly developed mixed use commercial and residential area of the City of Niagara Falls, Niagara County, New York (see Figures 1 and 2). The Site is bound by 4th Street to the west, 6th Street and Holly Place to the east, a public alleyway from 4th Street the 6th Street to the north, and the Robert Moses State Parkway with the Niagara River beyond to the south. Buffalo Avenue intersects the property from east to west (see Figure 2). Land use surrounding the Site includes commercial and residential properties to the north, Robert Moses Parkway to the south with the Niagara beyond, residential properties to the east, and vacant and residential properties to the west.

B T K 0294-013-001 4

Health & Safety Plan for Post Remedial Activities

The 401 Buffalo Avenue parcel is currently improved with a vacant municipally- condemned former hotel and conference center, parking areas and vegetated/landscaped areas. The 402 and 430 Buffalo Avenue parcels are currently vacant, though historically were part of the manufacturing facility owned and operated by National Biscuit Co / Shredded Wheat Company. Manufacturing began on Site in at least 1914, and operations included underground storage tanks (USTs) noted as fuel oil. Baking ovens, likely utilizing the noted fuel oil, were located across the manufacturing facility (including both 402 and 430 Buffalo Avenue parcels) for drying raw materials, heating the various buildings and operations, and baking final products. Additional operations included paper box manufacturing and printing, material handling and shipping equipment, maintenance of manufacturing equipment and vehicles, and use and storage of paint, solvents, thinners, grease and lubricants common among former manufacturing operations. It is also likely that demolition debris from the former factory is located on the vacant Site.

1.3 Parameters of Interest Based on the previous investigations, constituents of potential concern (COPCs) in soil and, potentially groundwater, at the Site include:

. Metals – Metals remaining at concentrations exceeding Restricted Residential Use SCOs after remedial actions include barium and lead at sample locations TP-22, TP-24, and TP-26 at a depth of 1 to 4 fbgs. . Polyaromatic Hydrocarbons (PAHs) – PAHs remaining at concentrations exceeding Restricted Residential Use SCOs after remedial activities include benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, and indeno(1,2,3-cd)pyrene. The remaining PAH exceedances are identified at sample locations TP-22, TP-24, TP-25, and TP-26 at a depth of 1 to 4 fbgs.

1.4 Overview of BCP Activities TurnKey-Benchmark personnel will be on-site to assist, as necessary, with post remedial intrusive activities that require the implementation of the Site Management Plan. These activities could include:

B T K 0294-013-001 5

Health & Safety Plan for Post Remedial Activities

 Subgrade Utility Installation or Repair – Installation or repair of new subgrade utilities (gas, electric, telecom, etc.) may be required to service existing and/or new buildings.  Subgrade Foundation Construction – It may be necessary or desirable to construct a new structure (e.g., shed or other support building) on the property, in which case subgrade soil/fill would be encountered for foundation work.  Cover System Repair – It may be necessary to remove or repair a portion of the soil cover system. Subgrade soil/fill may be exposed as part of that effort.

B T K 0294-013-001 6

Health & Safety Plan for Post Remedial Activities

2.0 ORGANIZATIONAL STRUCTURE This section of the HASP describes the lines of authority, responsibility, and communication as they pertain to health and safety functions at the Site. The purpose of this chapter is to identify the personnel who impact the development and implementation of the HASP and to describe their roles and responsibilities. This chapter also identifies other contractors and subcontractors involved in work operations and establish the lines of communications among them for health and safety matters. The organizational structure described in this chapter is consistent with the requirements of 29 CFR 1910.120(b)(2). This section will be reviewed by the Project Manager and updated as necessary to reflect the current organizational structure at this Site.

2.1 Roles and Responsibilities All Turnkey-Benchmark personnel on the Site must comply with the minimum requirements of this HASP. The specific responsibilities and authority of management, safety and health, and other personnel on this Site are detailed in the following paragraphs.

2.1.1 Corporate Health and Safety Director The TurnKey-Benchmark Corporate Health and Safety Director is Mr. Thomas H. Forbes, P.E. The Corporate Health and Safety Director responsible for developing and implementing the Health and Safety program and policies for Benchmark Environmental Engineering & Science, PLLC and TurnKey Environmental Restoration, LLC, and consulting with corporate management to ensure adequate resources are available to properly implement these programs and policies. The Corporate Health and Safety Director coordinates TurnKey-Benchmark’s Health and Safety training and medical monitoring programs and assists project management and field staff in developing site-specific health and safety plans.

2.1.2 Project Manager The Project Manager for this Site is Mr. Michael Lesakowski. The Project Manager has the responsibility and authority to direct all TurnKey-Benchmark work operations at the Site. The Project Manager coordinates safety and health functions with the Site Safety and

B T K 0294-013-001 7

Health & Safety Plan for Post Remedial Activities

Health Officer, and bears ultimate responsibility for proper implementation of this HASP. He may delegate authority to expedite and facilitate any application of the program, including modifications to the overall project approach as necessary to circumvent unsafe work conditions. Specific duties of the Project Manager include:

. Preparing and coordinating the Site work plan.

. Providing TurnKey-Benchmark workers with work assignments and overseeing their performance.

. Coordinating health and safety efforts with the Site Safety and Health Officer (SSHO).

. Reviewing the emergency response coordination plan to assure its effectiveness.

. Serving as the primary liaison with Site contractors and the property owner.

2.1.3 Site Safety and Health Officer The Site Safety and Health Officer (SSHO) for this Site is Mr. Bryan C. Hann. The qualified alternate SSHO is Mr. Nathan Munley. The SSHO reports to the Project Manager. The SSHO is on-site or readily accessible to the Site during all work operations and has the authority to halt Site work if unsafe conditions are detected. The specific responsibilities of the SSHO are:

. Managing the safety and health functions for TurnKey-Benchmark personnel on the Site.

. Serving as the point of contact for safety and health matters.

. Ensuring that TurnKey-Benchmark field personnel working on the Site have received proper training (per 29 CFR Part 1910.120(e)), that they have obtained medical clearance to wear respiratory protection (per 29 CFR Part 1910.134), and that they are properly trained in the selection, use and maintenance of personal protective equipment, including qualitative respirator fit testing.

. Performing or overseeing Site monitoring as required by the HASP.

B T K 0294-013-001 8

Health & Safety Plan for Post Remedial Activities

. Assisting in the preparation and review of the HASP.

. Maintaining site-specific safety and health records as described in this HASP.

. Coordinating with the Project Manager, Site Workers, and Contractor’s SSHO as necessary for safety and health efforts.

2.1.4 Site Workers Site workers are responsible for: complying with this HASP or a more stringent HASP, if appropriate (i.e., Contractor and Subcontractor’s HASP); using proper PPE; reporting unsafe acts and conditions to the SSHO; and following the safety and health instructions of the Project Manager and SSHO.

2.1.5 Other Site Personnel Other Site personnel who will have health and safety responsibilities will include the Drilling Contractor, who will be responsible for developing, implementing and enforcing a Health and Safety Plan equally stringent or more stringent than TurnKey-Benchmark’s HASP. TurnKey-Benchmark assumes no responsibility for the health and safety of anyone outside its direct employ. Each Contractor’s HASP shall cover all non-TurnKey/Benchmark Site personnel. Each Contractor shall assign a SSHO who will coordinate with TurnKey- Benchmark’s SSHO as necessary to ensure effective lines of communication and consistency between contingency plans. In addition to TurnKey-Benchmark and Contractor personnel, other individuals who may have responsibilities in the work zone include subcontractors and governmental agencies performing Site inspection work (i.e., the New York State Department of Environmental Conservation). The Contractor shall be responsible for ensuring that these individuals have received OSHA-required training (29 CFR 1910.120(e)), including initial, refresher and site-specific training, and shall be responsible for the safety and health of these individuals while they are on-site.

B T K 0294-013-001 9

Health & Safety Plan for Post Remedial Activities

3.0 HAZARD EVALUATION Historic activities have potentially resulted in impacts to Site soil and groundwater. Visual and olfactory observations, as well as elevated PID readings, indicate a potential VOC impact to Site soil. In addition to VOCs, soil and groundwater may be impacted by SVOCs (PAHs) due to historic use. Table 1 lists exposure limits for airborne concentrations of the COPCs identified in Section 1.3 of this HASP. Brief descriptions of the toxicology of the prevalent COPCs and related health and safety guidance and criteria are provided below.

. Polycyclic Aromatic Hydrocarbons (PAHs) are formed as a result of the pyrolysis and incomplete combustion of organic matter such as fossil fuel. PAH aerosols formed during the combustion process disperse throughout the atmosphere, resulting in the deposition of PAH condensate in soil, water and on vegetation. In addition, several products formed from petroleum processing operations (e.g., roofing materials and asphalt) also contain elevated levels of PAHs. Hence, these compounds are widely dispersed in the environment. PAHs are characterized by a molecular structure containing three or more fused, unsaturated carbon rings. Seven of the PAHs are classified by USEPA as probable human carcinogens (USEPA Class B2). These are: benzo(a)pyrene; benzo(a)anthracene; benzo(b)fluoranthene; benzo(k)fluoranthene; chrysene; dibenzo(a,h)anthracene; and indeno(1,2,3-cd)pyrene. The primary route of exposure to PAHs is through incidental ingestion and inhalation of contaminated particulates. PAHs are characterized by an organic odor, and exist as oily liquids in pure form. Acute exposure symptoms may include acne-type blemishes in areas of the skin exposed to sunlight.

. Barium (CAS #7440-39-3) is a silver white metal, produced by the reduction of barium oxide. Local effects and symptoms of exposure to barium compounds, such as the hydroxide or carbonate, may include irritation of the eyes, throat, nose and skin. Systemic effects from ingestion include increased muscle contractility, reduction of heart rate/potential arrest, intestinal peristalsis, vascular constriction, and bladder contraction.

. Lead (CAS #7439-92-1) can affect almost every organ and system in our bodies. The most sensitive is the central nervous system, particularly in children. Lead also damages kidneys and the immune system. The effects are the same whether it is breathed or swallowed. Lead may decrease reaction time, cause weakness in fingers, wrists, or ankles, and possibly affect memory. Lead may cause anemia.

B T K 0294-013-001 10

Health & Safety Plan for Post Remedial Activities

With respect to the anticipated BCP redevelopment activities discussed in Section 1.4, possible routes of exposure to the above-mentioned contaminants are presented in Table 2. The use of proper respiratory equipment, as outlined in Section 7.0 of this HASP, will minimize the potential for exposure to airborne contamination. Exposure to contaminants through dermal and other routes will also be minimized through the use of protective clothing (Section 7.0), safe work practices (Section 6.0), and proper decontamination procedures (Section 12.0).

3.1 Physical Hazards Redevelopment activities at the 402 and 430 Buffalo Avenue Street Site may present the following physical hazards: . The potential for physical injury during heavy construction equipment use, such as backhoes, excavators and truck traffic. . The potential for heat/cold stress to employees during the summer/winter months (see Section 10.0). . The potential for slip and fall injuries due to rough, uneven terrain and/or open excavations.

These hazards represent only some of the possible means of injury that may be present during redevelopment activities at the Site. Since it is impossible to list all potential sources of injury, it shall be the responsibility of each individual to exercise proper care and caution during all phases of the work.

B T K 0294-013-001 11

Health & Safety Plan for Post Remedial Activities

4.0 TRAINING

4.1 Site Workers Personnel performing BCP relatedactivities at the Site (such as, but not limited to, equipment operators, general laborers, and drillers) and who may be exposed to hazardous substances, health hazards, or safety hazards and their supervisors/managers responsible for the Site shall receive training in accordance with 29 CFR 1910.120(e) before they are permitted to engage in operations in the exclusion zone or contaminant reduction zone. This training includes an initial 40-hour Hazardous Waste Site Worker Protection Course, an 8- hour Annual Refresher Course subsequent to the initial 40-hour training, and 3 days of actual field experience under the direct supervision of a trained, experienced supervisor. Additional site-specific training shall also be provided by the SSHO prior to the start of field activities. A description of topics to be covered by this training is provided below.

4.1.1 Initial and Refresher Training Initial and refresher training is conducted by a qualified instructor as specified under OSHA 29 CFR 1910.120(e)(5), and is specifically designed to meet the requirements of OSHA 29 CFR 1910.120(e)(3) and 1910.120(e)(8). The training covers, as a minimum, the following topics:

. OSHA HAZWOPER regulations. . Site safety and hazard recognition, including chemical and physical hazards. . Medical monitoring requirements. . Air monitoring, permissible exposure limits, and respiratory protection level classifications. . Appropriate use of personal protective equipment (PPE), including chemical compatibility and respiratory equipment selection and use. . Work practices to minimize risk. . Work zones and Site control. . Safe use of engineering controls and equipment. . Decontamination procedures. . Emergency response and escape. . Confined space entry procedures. . Heat and cold stress monitoring.

B T K 0294-013-001 12

Health & Safety Plan for Post Remedial Activities

. Elements of a Health and Safety Plan. . Spill containment.

Initial training also incorporates workshops for PPE and respiratory equipment use (Levels A, B and C), and respirator fit testing. Records and certification received from the course instructor documenting each employee’s successful completion of the training identified above are maintained on file at Benchmark-TurnKey’s Buffalo, NY office. Contractors and Subcontractors are required to provide similar documentation of training for all their personnel who will be involved in on-site work activities. Any employee who has not been certified as having received health and safety training in conformance with 29 CFR 1910.120(e) is prohibited from working in the exclusion and contamination reduction zones, or to engage in any on-site work activities that may involve exposure to hazardous substances or wastes.

4.1.2 Site Training Site workers are given a copy of the HASP and provided a site-specific briefing prior to the commencement of work to ensure that employees are familiar with the HASP and the information and requirements it contains. The Site briefing shall be provided by the SSHO prior to initiating field activities and shall include:

. Names of personnel and alternates responsible for Site safety and health. . Safety, health and other hazards present on the Site. . The site lay-out including work zones and places of refuge. . The emergency communications system and emergency evacuation procedures. . Use of PPE. . Work practices by which the employee can minimize risks from hazards. . Safe use of engineering controls and equipment on the site. . Medical surveillance, including recognition of symptoms and signs of over- exposure as described in Chapter 5 of this HASP. . Decontamination procedures as detailed in Chapter 12 of this HASP. . The emergency response plan as detailed in Chapter 15 of this HASP. . Confined space entry procedures, if required, as detailed in Chapter 13 of this HASP. . The spill containment program as detailed in Chapter 9 of this HASP. . Site control as detailed in Chapter 11 of this HASP.

B T K 0294-013-001 13

Health & Safety Plan for Post Remedial Activities

Supplemental health and safety briefings will also be conducted by the SSHO on an as-needed basis during the course of the work. Supplemental briefings are provided as necessary to notify employees of any changes to this HASP as a result of information gathered during ongoing Site characterization and analysis. Conditions for which the SSHO may schedule additional briefings include, but are not limited to: a change in Site conditions (e.g., based on monitoring results); changes in the work schedule/plan; newly discovered hazards; and safety incidents occurring during Site work.

4.2 Supervisor Training On-site safety and health personnel who are directly responsible for or who supervise the safety and health of workers engaged in hazardous waste operations (i.e., SSHO) shall receive, in addition to the appropriate level of worker training described in Section 4.1, above, 8 additional hours of specialized supervisory training, in compliance with 29 CFR 1910.120(e)(4).

4.3 Emergency Response Training Emergency response training is addressed in Appendix A of this HASP, Emergency Response Plan.

4.4 Site Visitors Each Contractor’s SSHO will provide a site-specific briefing to all Site visitors and other non-TurnKey/Benchmark personnel who enter the Site beyond the Site entry point. The site-specific briefing will provide information about Site hazards, the Site layout including work zones and places of refuge, the emergency communications system and emergency evacuation procedures, and other pertinent safety and health requirements as appropriate. Site visitors will not be permitted to enter the exclusion zone or contaminant reduction zones unless they have received the level of training required for Site workers as described in Section 4.1.

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5.0 MEDICAL MONITORING Medical monitoring examinations are provided to TurnKey-Benchmark employees as stipulated under 29 CFR Part 1910.120(f). These exams include initial employment, annual and employment termination physicals for all TurnKey-Benchmark employees involved in hazardous waste site field operations. Post-exposure examinations are also provided for employees who may have been injured, received a health impairment, or developed signs or symptoms of over-exposure to hazardous substances or were accidentally exposed to substances at concentrations above the permissible exposure limits without necessary personal protective equipment. Such exams are performed as soon as possible following development of symptoms or the known exposure event. Medical evaluations are performed by Health Works, an occupational health care provider under contract with TurnKey-Benchmark. Health Works is located in Seneca Square Plaza, 1900 Ridge Road, West Seneca, New York 14224. The facility can be reached at (716) 823-5050 to schedule routine appointments or post-exposure examinations. Medical evaluations are conducted according to the TurnKey-Benchmark Medical Monitoring Program and include an evaluation of the workers’ ability to use respiratory protective equipment. The examinations include: . Occupational/medical history review. . Physical exam, including vital sign measurement. . Spirometry testing. . Eyesight testing. . Audio testing (minimum baseline and exit, annual for employees routinely exposed to greater than 85db). . EKG (for employees >40 yrs age or as medical conditions dictate). . Chest X-ray (baseline and exit, and every 5 years). . Blood biochemistry (including blood count, white cell differential count, serum multiplastic screening). . Medical certification of physical requirements (i.e., sight, musculoskeletal, cardiovascular) for safe job performance and to wear respiratory protection equipment. The purpose of the medical evaluation is to determine an employee’s fitness for duty on hazardous waste sites; and to establish baseline medical data. In conformance with OSHA regulations, TurnKey-Benchmark will maintain and preserve medical records for a period of 30 years following termination of employment.

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Employees are provided a copy of the physician's post-exam report, and have access to their medical records and analyses.

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6.0 SAFE WORK PRACTICES All TurnKey-Benchmark employees shall conform to the following safe work practices during all on-site work activities conducted within the exclusion and contamination reduction zones: . Eating, drinking, chewing gum or tobacco, smoking, or any practice that increases the probability of hand-to-mouth contact is strictly prohibited. . The hands and face must be thoroughly washed upon leaving the work area and prior to engaging in any activity indicated above. . Respiratory protective equipment and clothing must be worn by all personnel entering the Site as required by the HASP or as modified by the Site safety officer. Excessive facial hair (i.e., beards, long mustaches or sideburns) that interferes with the satisfactory respirator-to-face seal is prohibited. . Contact with surfaces/materials either suspected or known to be contaminated will be avoided to minimize the potential for transfer to personnel, cross contamination and need for decontamination. . Medicine and alcohol can synergize the effects of exposure to toxic chemicals. Due to possible contraindications, use of prescribed drugs should be reviewed with the Benchmark-TurnKey occupational physician. Alcoholic beverage and illegal drug intake are strictly forbidden during the workday. . All personnel shall be familiar with standard operating safety procedures and additional instructions contained in this Health and Safety Plan. . On-site personnel shall use the “buddy” system. No one may work alone (i.e., out of earshot or visual contact with other workers) in the exclusion zone. . Personnel and equipment in the contaminated area shall be minimized, consistent with effective Site operations. . All employees have the obligation to immediately report and if possible, correct unsafe work conditions. . Use of contact lenses on-site will not be permitted. Spectacle kits for insertion into full-face respirators will be provided for Benchmark-TurnKey employees, as requested and required.

The recommended specific safety practices for working around the contractor’s equipment (e.g., backhoes, bulldozers, excavators, drill rigs etc.) are as follows:

. Although the Contractor and subcontractors are responsible for their equipment and safe operation of the Site, Benchmark-TurnKey personnel are also responsible for their own safety.

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. Subsurface work will not be initiated without first clearing underground utility services. . Heavy equipment should not be operated within 20 feet of overhead wires. This distance may be increased if windy conditions are anticipated or if lines carry high voltage. The Site should also be sufficiently clear to ensure the project staff can move around the heavy machinery safely. . Care should be taken to avoid overhead wires when moving heavy-equipment from location to location. . Hard hats, safety boots and safety glasses should be worn at all times in the vicinity of heavy equipment. Hearing protection is also recommended. . The work Site should be kept neat. This will prevent personnel from tripping and will allow for fast emergency exit from the Site. . Proper lighting must be provided when working at night. . Construction activities should be discontinued during an electrical storm or severe weather conditions. . The presence of combustible gases should be checked before igniting any open flame. . Personnel shall stand upwind of any construction operation when not immediately involved in sampling/logging/observing activities. . Personnel will not approach the edge of an unsecured trench/excavation closer than 2 feet.

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7.0 PERSONAL PROTECTIVE EQUIPMENT

7.1 Equipment Selection Personal protective equipment (PPE) will be donned when work activities may result in exposure to physical or chemical hazards beyond acceptable limits, and when such exposure can be mitigated through appropriate PPE. The selection of PPE will be based on an evaluation of the performance characteristics of the PPE relative to the requirements and limitations of the Site, the task-specific conditions and duration, and the hazards and potential hazards identified at the Site. Equipment designed to protect the body against contact with known or suspect chemical hazards are grouped into four categories according to the degree of protection afforded. These categories designated A through D consistent with United States Environmental Protection Agency (USEPA) Level of Protection designation, are:

. Level A: Should be selected when the highest level of respiratory, skin and eye protection is needed. . Level B: Should be selected when the highest level of respiratory protection is needed, but a lesser level of skin protection is required. Level B protection is the minimum level recommended on initial Site entries until the hazards have been further defined by on-site studies. Level B (or Level A) is also necessary for oxygen-deficient atmospheres. . Level C: Should be selected when the types of airborne substances are known, the concentrations have been measured and the criteria for using air-purifying respirators are met. In atmospheres where no airborne contaminants are present, Level C provides dermal protection only. . Level D: Should not be worn on any Site with elevated respiratory or skin hazards. This is generally a work uniform providing minimal protection.

OSHA requires the use of certain PPE under conditions where an immediate danger to life and health (IDLH) may be present. Specifically, OSHA 29 CFR 1910.120(g)(3)(iii) requires use of a positive pressure self-contained breathing apparatus, or positive pressure air-line respirator equipped with an escape air supply when chemical exposure levels present a substantial possibility of immediate serious injury, illness or death, or impair the ability to escape. Similarly, OSHA 29 CFR 1910.120(g)(3)(iv) requires donning totally-encapsulating chemical protective suits (with a protection level equivalent to Level A protection) in conditions where skin absorption of a hazardous substance may result in a substantial

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Health & Safety Plan for Post Remedial Activities possibility of immediate serious illness, injury or death, or impair the ability to escape. In situations where the types of chemicals, concentrations, and possibilities of contact are unknown, the appropriate level of protection must be selected based on professional experience and judgment until the hazards can be further characterized. The individual components of clothing and equipment must be assembled into a full protective ensemble to protect the worker from site-specific hazards, while at the same time minimizing hazards and drawbacks of the personal protective gear itself. Ensemble components are detailed below for levels A/B, C, and D protection.

7.2 Protection Ensembles

7.2.1 Level A/B Protection Ensemble Level A/B ensembles include similar respiratory protection, however Level A provides a higher degree of dermal protection than Level B. Use of Level A over Level B is determined by: comparing the concentrations of identified substances in the air with skin toxicity data, and assessing the effect of the substance (by its measured air concentrations or splash potential) on the small area of the head and neck unprotected by Level B clothing. The recommended PPE for level A/B is:

. Pressure-demand, full-face piece self-contained breathing apparatus (MSHA/- NIOSH approved) or pressure-demand supplied-air respirator with escape self- contained breathing apparatus (SCBA). . Chemical-resistant clothing. For Level A, clothing consists of totally- encapsulating chemical resistant suit. Level B incorporates hooded one-or two- piece chemical splash suit. . Inner and outer chemical resistant gloves. . Chemical-resistant safety boots/shoes. . Hardhat.

7.2.2 Level C Protection Ensemble Level C protection is distinguished from Level B by the equipment used to protect the respiratory system, assuming the same type of chemical-resistant clothing is used. The main selection criterion for Level C is that conditions permit wearing an air-purifying device. The device (when required) must be an air-purifying respirator (MSHA/NIOSH approved) equipped with filter cartridges. Cartridges must be able to remove the substances

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Health & Safety Plan for Post Remedial Activities encountered. Respiratory protection will be used only with proper fitting, training and the approval of a qualified individual. In addition, an air-purifying respirator can be used only if: oxygen content of the atmosphere is at least 19.5% in volume; substances are identified and concentrations measured; substances have adequate warning properties; the individual passes a qualitative fit-test for the mask; and an appropriate cartridge/canister is used, and its service limit concentration is not exceeded. Recommended PPE for Level C conditions includes:

. Full-face piece, air-purifying respirator equipped with MSHA and NIOSH approved organic vapor/acid gas/dust/mist combination cartridges or as designated by the SSHO. . Chemical-resistant clothing (hooded, one or two-piece chemical splash suit or disposable chemical-resistant one-piece suit). . Inner and outer chemical-resistant gloves. . Chemical-resistant safety boots/shoes. . Hardhat.

An air-monitoring program is part of all response operations when atmospheric contamination is known or suspected. It is particularly important that the air be monitored thoroughly when personnel are wearing air-purifying respirators. Continual surveillance using direct-reading instruments is needed to detect any changes in air quality necessitating a higher level of respiratory protection.

7.2.3 Level D Protection Ensemble As indicated above, Level D protection is primarily a work uniform. It can be worn in areas where only boots can be contaminated, where there are no inhalable toxic substances and where the atmospheric contains at least 19.5% oxygen. Recommended PPE for Level D includes:

. Coveralls. . Safety boots/shoes. . Safety glasses or chemical splash goggles. . Hardhat. . Optional gloves; escape mask; face shield.

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7.2.4 Recommended Level of Protection for Site Tasks Based upon current information regarding both the contaminants suspected to be present at the Site and the various tasks that are included in the remedial activities, the minimum required levels of protection for these tasks shall be as identified in Table 3.

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8.0 EXPOSURE MONITORING

8.1 General Based on the results of previous investigations and the nature of the redevelopment activities at the Site, the possibility exist that organic vapors and/or particulates may be released to the air during intrusive activities that penetrate the cover system that was installed as part of the BCP remedial work.

8.1.1 On-Site Work Zone Monitoring TurnKey-Benchmark personnel will conduct routine, real-time air monitoring during all intrusive construction phases such as excavation, backfilling, drilling, etc. The work area will be monitored at regular intervals using a photo-ionization detector (PID), combustible gas meter and a particulate meter. Observed values will be recorded and maintained as part of the permanent field record. Additional air monitoring measurements may be made by TurnKey-Benchmark personnel to verify field conditions during subcontractor oversight activities. Monitoring instruments will be protected from surface contamination during use. Additional monitoring instruments may be added if the situations or conditions change. Monitoring instruments will be calibrated in accordance with manufacturer's instructions before use.

8.1.2 Off-Site Community Air Monitoring In addition to on-site monitoring within the work zone(s), monitoring at the down- wind portion of the Site perimeter will be conducted. This will provide a real-time method for determination of vapor and/or particulate releases to the surrounding community as a result of ground intrusive investigation work. Ground intrusive activities are defined in the Generic Community Air Monitoring Plan and attached as Appendix C. Ground intrusive activities that involve the penetration of the cover system include excavation, test pitting, or trenching, and the removal of building foundations and basement floors.

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8.2 Monitoring Action Levels

8.2.1 On-Site Work Zone Action Levels The PID, or other appropriate instrument(s), will be used by TurnKey-Benchmark personnel to monitor organic vapor concentrations as specified in this HASP. Combustible gas will be monitored with the “combustible gas” option on the combustible gas meter or other appropriate instrument(s). In addition, fugitive dust/particulate concentrations will be monitored during major soil intrusion (viz., well/boring installation) using a real-time particulate monitor as specified in this plan. In the absence of such monitoring, appropriate respiratory protection for particulates shall be donned. Sustained readings obtained in the breathing zone may be interpreted (with regard to other Site conditions) as follows for TurnKey-Benchmark personnel: . Total atmospheric concentrations of unidentified (vapors or gases ranging from 0 to 1 ppm above background on the PID) - Continue operations under Level D (see Appendix A). . Total atmospheric concentrations of unidentified vapors or gases yielding sustained readings from >1 ppm to 5 ppm above background on the PID (vapors not suspected of containing high levels of chemicals toxic to the skin) - Continue operations under Level C (see Appendix A). . Total atmospheric concentrations of unidentified vapors or gases yielding sustained readings of >5 ppm to 50 ppm above background on the PID - Continue operations under Level B (see Attachment 1), re-evaluate and alter (if possible) construction methods to achieve lower vapor concentrations. . Total atmospheric concentrations of unidentified vapors or gases above 50 ppm on the PID - Discontinue operations and exit the work zone immediately.

The particulate monitor will be used to monitor respirable dust concentrations during intrusive activities that involve handling of Site soil/fill located beneath the cover system. Action levels based on the instrument readings shall be as follows:

. Less than 50 mg/m3 - Continue field operations. . 50-150 mg/m3 - Don dust/particulate mask or equivalent . Greater than 150 mg/m3 - Don dust/particulate mask or equivalent. Initiate engineering controls to reduce respirable dust concentration (viz., wetting of excavated soils or tools at discretion of Site Health and Safety Officer).

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Readings from the field equipment will be recorded and documented on the appropriate Project Field Forms. Instruments will be calibrated before use on a daily basis and the procedure will be documented on the appropriate Project Field Forms.

8.2.2 Community Air Monitoring Action Levels In addition to the action levels prescribed in Section 8.2.1 for Benchmark-TurnKey personnel on-site, the following criteria shall also be adhered to for the protection of downwind receptors consistent with NYSDOH requirements (Appendix C):

o ORGANIC VAPOR PERIMETER MONITORING:

. If the sustained ambient air concentration of organic vapors at the downwind perimeter of the exclusion zone exceeds 5 ppm above background for the 15- minute average, work activities will be temporarily halted and monitoring continued. If the sustained organic vapor decreases below 5 ppm over background, work activities can resume with continued monitoring. . If the sustained ambient air concentration of organic vapors at the downwind perimeter of the exclusion zone are greater than 5 ppm over background but less than 25 ppm for the 15-minute average, activities can resume provided that: the organic vapor level 200 feet downwind of the working site or half the distance to the nearest off-site residential or commercial structure, whichever is less, but in no case less than 20 feet, is below 5 ppm over background; and more frequent intervals of monitoring, as directed by the Site Health and Safety Officer, are conducted. . If the sustained organic vapor level is above 25 ppm at the perimeter of the exclusion zone for the 15-minute average, the Site Health and Safety Officer must be notified and work activities shut down. The Site Health and Safety Officer will determine when re-entry of the exclusion zone is possible and will implement downwind air monitoring to ensure vapor emissions do not impact the nearest off-site residential or commercial structure at levels exceeding those specified in the Organic Vapor Contingency Monitoring Plan below. All readings will be recorded and will be available for New York State Department of Environmental Conservation (DEC) and Department of Health (DOH) personnel to review. o ORGANIC VAPOR CONTINGENCY MONITORING PLAN:

. If the sustained organic vapor level is greater than 5 ppm over background 200 feet downwind from the work area or half the distance to the nearest off-

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site residential or commercial property, whichever is less, all work activities must be halted. . If, following the cessation of the work activities or as the result of an emergency, sustained organic levels persist above 5 ppm above background 200 feet downwind or half the distance to the nearest off-site residential or commercial property from the work area, then the air quality must be monitored within 20 feet of the perimeter of the nearest off-site residential or commercial structure (20-foot zone). . If efforts to abate the emission source are unsuccessful and if sustained organic vapor levels approach or exceed 5 ppm above background within the 20-foot zone for more than 30 minutes, or are sustained at levels greater than 10 ppm above background for longer than one minute, then the Major Vapor Emission Response Plan (see below) will automatically be placed into effect. o MAJOR VAPOR EMISSION RESPONSE PLAN:

Upon activation, the following activities will be undertaken:

1. All Emergency Response Contacts as listed in this Health and Safety Plan and the Emergency Response Plan (Appendix A) will be advised. 2. The local police authorities will immediately be contacted by the Site Health and Safety Officer and advised of the situation. 3. Frequent air monitoring will be conducted at 30-minute intervals within the 20-foot zone. If two sustained successive readings below action levels are measured, air monitoring may be halted or modified by the Site Health and Safety Officer. The following personnel are to be notified in the listed sequence in the event that a Major Vapor Emission Plan is activated:

Responsible Contact Phone Number Person SSHO Police 911 SSHO State Emergency Response Hotline (800) 457-7362 Additional emergency numbers are listed in the Emergency Response Plan included as Appendix A.

o AIRBORNE PARTICULATE COMMUNITY AIR MONITORING

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Respirable (PM-10) particulate monitoring will be performed on a continuous basis at the upwind and downwind perimeter of the exclusion zone. The monitoring will be performed using real-time monitoring equipment capable of measuring PM-10 and integrating over a period of 15-minutes for comparison to the airborne particulate action levels. The equipment will be equipped with an audible alarm to indicate exceedance of the action level. In addition, fugitive dust migration will be visually assessed during all work activities. All readings will be recorded and will be available for NYSDEC and NYSDOH review. Readings will be interpreted as follows: . If the downwind PM-10 particulate level is 100 micrograms per cubic meter (ug/m3) greater than the background (upwind perimeter) reading for the 15- minute period or if airborne dust is observed leaving the work area, then dust suppression techniques must be employed. Work may continue with dust suppression provided that the downwind PM-10 particulate levels do not exceed 150 ug/m3 above the upwind level and that visible dust is not migrating from the work area. . If, after implementation of dust suppression techniques downwind PM-10 levels are greater than 150 ug/m3 above the upwind level, work activities must be stopped and dust suppression controls re-evaluated. Work can resume provided that supplemental dust suppression measures and/or other controls are successful in reducing the downwind PM-10 particulate concentration to within 150 ug/m3 of the upwind level and in preventing visible dust migration.

Pertinent emergency response information including the telephone number of the Fire Department is included in the Emergency Response Plan (Appendix A).

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9.0 SPILL RELEASE/RESPONSE This chapter of the HASP describes the potential for and procedures related to spills or releases of known or suspected petroleum and/or hazardous substances on the Site. The purpose of this Section of the HASP is to plan appropriate response, control, counter- measures and reporting, consistent with OSHA requirements in 29 CFR 1910.120(b)(4)(ii)(J) and (j)(1)(viii). The spill containment program addresses the following elements:

. Potential hazardous material spills and available controls. . Initial notification and evaluation. . Spill response. . Post-spill evaluation.

9.1 Potential Spills and Available Controls An evaluation was conducted to determine the potential for hazardous material and oil/petroleum spills at this Site. For the purpose of this evaluation, hazardous materials posing a significant spill potential are considered to be: . CERCLA Hazardous Substances as identified in 40 CFR Part 302, where such materials pose the potential for release in excess of their corresponding Reportable Quantity (RQ). . Extremely Hazardous Substances as identified in 40 CFR Part 355, Appendix A, where such materials pose the potential for release in excess of their corresponding Reportable Quantity (RQ). . Hazardous Chemicals as defined under Section 311(e) of the Emergency Planning and Community Right-To-Know Act of 1986, where such chemicals are present or will be stored in excess of 10,000 lbs. . Toxic Chemicals as defined in 40 CFR Part 372, where such chemicals are present or will be stored in excess of 10,000 lbs. . Chemicals regulated under 6NYCRR Part 597, where such materials pose the potential for release in excess of their corresponding Reportable Quantity (RQ).

Oil/petroleum products are considered to pose a significant spill potential whenever the following situations occur:

. The potential for a “harmful quantity” of oil (including petroleum and non- petroleum-based fuels and lubricants) to reach navigable waters of the U.S. exists (40 CFR Part 112.4). Harmful quantities are considered by USEPA to be volumes

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that could form a visible sheen on the water or violate applicable water quality standards. . The potential for any amount of petroleum to reach any waters of NY State, including groundwater, exists. Petroleum, as defined by NY State in 6NYCRR Part 612, is a petroleum-based heat source, energy source, or engine lubricant/maintenance fluid. . The potential for any release, to soil or water, of petroleum from a bulk storage facility regulated under 6NYCRR Part 612. A regulated petroleum storage facility is defined by NY State as a site having stationary tank(s) and intra-facility piping, fixtures and related equipment with an aggregate storage volume of 1,100 gallons or greater.

The evaluation indicates that, based on Site history and decommissioning records, a hazardous material spill and/or a petroleum product spill is not likely to occur during redevelopment efforts.

9.2 Initial Spill Notification and Evaluation Any worker who discovers a hazardous substance or oil/petroleum spill will immediately notify the Project Manager and SSHO. The worker will, to the best of his/her ability, report the material involved, the location of the spill, the estimated quantity of material spilled, the direction/flow of the spill material, related fire/explosion incidents, if any, and any associated injuries. The Emergency Response Plan presented in Appendix A of this HASP will immediately be implemented if an emergency release has occurred. Following initial report of a spill, the Project Manager will make an evaluation as to whether the release exceeds RQ levels. If an RQ level is exceeded, the Project Manager will notify the Site owner and NYSDEC at 1-800-457-7362 within 2 hours of spill discovery. The Project Manager will also determine what additional agencies (e.g., USEPA) are to be contacted regarding the release, and will follow-up with written reports as required by the applicable regulations.

9.3 Spill Response For all spill situations, the following general response guidelines will apply:

. Only those personnel involved in overseeing or performing containment operations will be allowed within the spill area. If necessary, the area will be roped, ribboned, or otherwise blocked off to prevent unauthorized access.

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. Appropriate PPE, as specified by the SSHO, will be donned before entering the spill area. . Ignition points will be extinguished/removed if fire or explosion hazards exist. . Surrounding reactive materials will be removed. . Drains or drainage in the spill area will be blocked to prevent inflow of spilled materials or applied materials.

For minor spills, the Contractor will maintain a Spill Control and Containment Kit in the Field Office or other readily accessible storage location. The kit will consist of, at a minimum, a 50 lb. bag of “speedy dry” granular absorbent material, absorbent pads, shovels, empty 5-gallon pails and an empty open-top 55-gallon drum. Spilled materials will be absorbed, and shoveled into a 55-gallon drum for proper disposal (NYSDEC approval will be secured for on-site treatment of the impacted soils/absorbent materials, if applicable). Impacted soils will be hand-excavated to the point that no visible signs of contamination remains, and will be drummed with the absorbent. In the event of a major release or a release that threatens surface water, a spill response contractor will be called to the Site. The response contractor may use heavy equipment (e.g., excavator, backhoe, etc.) to berm the soils surrounding the spill Site or create diversion trenching to mitigate overland migration or release to navigable waters. Where feasible, pumps will be used to transfer free liquid to storage containers. Spill control/cleanup contractors in the Western New York area that may be contacted for assistance include:

. The Environmental Service Group of NY, Inc.: (716) 695-6720 . Environmental Products and Services, Inc.: (716) 447-4700

9.4 Post-Spill Evaluation If a reportable quantity of hazardous material or oil/petroleum is spilled as determined by the Project Manager, a written report will be prepared as indicated in Section 9.2. The report will identify the root cause of the spill, type and amount of material released, date/time of release, response actions, agencies notified and/or involved in cleanup, and procedures to be implemented to avoid repeat incidents. In addition, all re-useable spill cleanup and containment materials will be decontaminated, and spill kit supplies/disposable items will be replenished.

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10.0 HEAT/COLD STRESS MONITORING Since some of the work activities at the Site will be scheduled for both the summer and winter months, measures will be taken to minimize heat/cold stress to TurnKey- Benchmark employees. The Site Safety and Health Officer and/or his or her designee will be responsible for monitoring TurnKey-Benchmark field personnel for symptoms of heat/cold stress.

10.1 Heat Stress Monitoring Personal protective equipment may place an employee at risk of developing heat stress, a common and potentially serious illnesses often encountered at construction, landfill, waste disposal, industrial or other unsheltered sites. The potential for heat stress is dependent on a number of factors, including environmental conditions, clothing, workload, physical conditioning and age. Personal protective equipment may severely reduce the body’s normal ability to maintain temperature equilibrium (via evaporation and convection), and require increased energy expenditure due to its bulk and weight. Proper training and preventive measures will mitigate the potential for serious illness. Heat stress prevention is particularly important because once a person suffers from heat stroke or heat exhaustion, that person may be predisposed to additional heat related illness. To avoid heat stress, the following steps should be taken:

. Adjust work schedules. . Modify work/rest schedules according to monitoring requirements. . Mandate work slowdowns as needed. . Perform work during cooler hours of the day if possible or at night if adequate lighting can be provided. . Provide shelter (air-conditioned, if possible) or shaded areas to protect personnel during rest periods. . Maintain worker’s body fluids at normal levels. This is necessary to ensure that the cardiovascular system functions adequately. Daily fluid intake must approximately equal the amount of water lost in sweat (i.e., eight fluid ounces must be ingested for approximately every 1 lb of weight lost). The normal thirst mechanism is not sensitive enough to ensure that enough water will be consumed to replace lost perspiration. When heavy sweating occurs, workers should be encouraged to drink more. . Train workers to recognize the symptoms of heat related illness.

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Heat-Related Illness - Symptoms: . Heat rash may result from continuous exposure to heat or humid air. . Heat cramps are caused by heavy sweating with inadequate electrolyte replacement. Signs and symptoms include: muscle spasms; pain in the hands, feet and abdomen. . Heat exhaustion occurs from increased stress on various body organs including inadequate blood circulation due to cardiovascular insufficiency or dehydration. Signs and symptoms include: pale, cool, moist skin; heavy sweating; dizziness; nausea; fainting. . Heat stroke is the most serious form of heat stress. Temperature regulation fails and the body temperature rises to critical levels. Immediate action must be taken to cool the body before serious injury and death occur. Competent medical help must be obtained. Signs and symptoms are: red, hot, usually dry skin; lack of or reduced perspiration; nausea; dizziness and confusion; strong, rapid pulse; coma.

The monitoring of personnel wearing protective clothing should commence when the ambient temperature is 70 degrees Fahrenheit or above. For monitoring the body’s recuperative ability to excess heat, one or more of the following techniques should be used as a screening mechanism.

. Heart rate may be measured by the radial pulse for 30 seconds as early as possible in the resting period. The rate at the beginning of the rest period should not exceed 100 beats per minute. If the rate is higher, the next work period should be shortened by 10 minutes (or 33%), while the length of the rest periods stay the same, If the pulse rate is 100 beats per minute at the beginning of the nest rest period, the following work cycle should be further shortened by 33%. . Body temperature may be measured orally with a clinical thermometer as early as possible in the resting period. Oral temperature at the beginning of the rest period should not exceed 99.6 degrees Fahrenheit. If it does, the next work period should be shortened by 10 minutes (or 33%), while the length of the rest period remains the same. However, if the oral temperature exceeds 99.6 degrees Fahrenheit at the beginning of the next period, the work cycle may be further shortened by 33%. Oral temperature should be measured at the end of the rest period to make sure that it has dropped below 99.6 degrees Fahrenheit. No Benchmark-TurnKey employee will be permitted to continue wearing semi- permeable or impermeable garments when his/her oral temperature exceeds 100.6 degrees Fahrenheit.

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10.2 Cold Stress Monitoring Exposure to cold conditions may result in frostbite or hypothermia, each of which progresses in stages as shown below.

. Frostbite occurs when body tissue (usually on the extremities) begins to freeze. The three states of frostbite are: 1) Frost nip - This is the first stage of the freezing process. It is charac- terized by a whitened area of skin, along with a slight burning or painful sensation. Treatment consists of removing the victim from the cold conditions, removal of boots and gloves, soaking the injured part in warm water (102 to 108 degrees Fahrenheit) and drinking a warm beverage. Do not rub skin to generate friction/ heat. 2) Superficial Frostbite - This is the second stage of the freezing process. It is characterized by a whitish gray area of tissue, which will be firm to the touch but will yield little pain. The treatment is identical for Frost nip. 3) Deep Frostbite - In this final stage of the freezing process the affected tissue will be cold, numb and hard and will yield little to no pain. Treatment is identical to that for Frost nip. . Hypothermia is a serious cold stress condition occurring when the body loses heat at a rate faster than it is produced. If untreated, hypothermia may be fatal. The stages of hypothermia may not be clearly defined or visible at first, but generally include: 1) Shivering 2) Apathy (i.e., a change to an indifferent or uncaring mood) 3) Unconsciousness 4) Bodily freezing Employees exhibiting signs of hypothermia should be treated by medical professionals. Steps that can be taken while awaiting help include: 1) Remove the victim from the cold environment and remove wet or frozen clothing. (Do this carefully as frostbite may have started.) 2) Perform active re-warming with hot liquids for drinking (Note: do not give the victim any liquid containing alcohol or caffeine) and a warm water bath (102 to 108 degrees Fahrenheit). 3) Perform passive re-warming with a blanket or jacket wrapped around the victim.

In any potential cold stress situation, it is the responsibility of the Site Health and Safety Officer to encourage the following:

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. Education of workers to recognize the symptoms of frostbite and hypothermia. . Workers should dress warmly, with more layers of thin clothing as opposed to one thick layer. . Personnel should remain active and keep moving. . Personnel should be allowed to take shelter in a heated areas, as necessary. . Personnel should drink warm liquids (no caffeine or alcohol if hypothermia has set in). . For monitoring the body’s recuperation from excess cold, oral temperature recordings should occur: - At the Site Safety Technicians discretion when suspicion is based on changes in a worker’s performance or mental status. - At a workers request. - As a screening measure, two times per shift, under unusually hazardous conditions (e.g., wind chill less than 20 degrees Fahrenheit or wind chill less than 30 degrees Fahrenheit with precipitation). - As a screening measure, whenever anyone worker on-site develops hypothermia.

Any person developing moderate hypothermia (a core body temperature of 92 degrees Fahrenheit) will not be allowed to return to work for 48 hours without the recommendation of a qualified medical doctor.

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Health & Safety Plan for Post Remedial Activities

11.0 WORK ZONES AND SITE CONTROL Work zones around the areas designated for BCP related activities will be established on a daily basis and communicated to employees and other Site users by the SSHO. It shall be each Contractor’s Site Safety and Health Officer’s responsibility to ensure that Site workers are aware of the work zone boundaries and to enforce proper procedures in each area. The zones will include:

. Exclusion Zone (“Hot Zone”) - The area where contaminated materials may be exposed, excavated or handled and all areas where contaminated equipment or personnel may travel. Flagging tape will delineate the zone. All personnel entering the Exclusion Zone must wear the prescribed level of personal protective equipment identified in Section 7. . Contamination Reduction Zone - The zone where decontamination of personnel and equipment takes place. Any potentially contaminated clothing, equipment, and samples must remain in the Contamination Reduction Zone until decontaminated. . Support Zone - The part of the site that is considered non-contaminated or “clean.” Support equipment will be located in this zone, and personnel may wear normal work clothes within this zone.

In the absence of other task-specific work zone boundaries established by the SSHO, the following boundaries will apply to all investigation and construction activities involving disruption or handling of Site soils or groundwater:

. Exclusion Zone: 50 foot radius from the outer limit of the sampling/construction activity. . Contaminant Reduction Zone: 100 foot radius from the outer limit of the sampling/construction activity. . Support Zone: Areas outside the Contaminant Reduction Zone.

Access of non-essential personnel to the Exclusion and Contamination Reduction Zones will be strictly controlled by the SSHO. Only personnel who are essential to the completion of the task will be allowed access to these areas and only if they are wearing the prescribed level of protection. Entrance of all personnel must be approved by the SSHO. The SSHO will maintain a Health and Safety Logbook containing the names of Benchmark-TurnKey workers and their level of protection. The zone boundaries may be

B T K 0294-013-001 35

Health & Safety Plan for Post Remedial Activities changed by the SSHO as environmental conditions warrant, and to respond to the necessary changes in work locations on-site.

B T K 0294-013-001 36

Health & Safety Plan for Post Remedial Activities

12.0 DECONTAMINATION

12.1 Decontamination for TurnKey-Benchmark Employees The degree of decontamination required is a function of a particular task and the environment within which it occurs. The following decontamination procedure will remain flexible, thereby allowing the decontamination crew to respond appropriately to the changing environmental conditions that may arise at the Site. All TurnKey-Benchmark personnel on-site shall follow the procedure below, or the Contractor’s procedure (if applicable), whichever is more stringent. Station 1 - Equipment Drop: Deposit visibly contaminated (if any) re-useable equipment used in the contamination reduction and exclusion zones (tools, con- tainers, monitoring instruments, radios, clipboards, etc.) on plastic sheeting. Station 2 - Boots and Gloves Wash and Rinse: Scrub outer boots and outer gloves. Deposit tape and gloves in waste disposal container. Station 3 - Tape, Outer Boot and Glove Removal: Remove tape, outer boots and gloves. Deposit tape and gloves in waste disposal container. Station 4 - Canister or Mask Change: If worker leaves exclusive zone to change canister (or mask), this is the last step in the decontamination procedure. Worker’s canister is exchanged, new outer gloves and boot cover donned, and worker returns to duty. Station 5 - Outer Garment/Face Piece Removal: Protective suit removed and deposited in separate container provided by Contractor. Face piece or goggles are removed if used. Avoid touching face with fingers. Face piece and/or goggles deposited on plastic sheet. Hard hat removed and placed on plastic sheet. Station 6 - Inner Glove Removal: Inner gloves are the last personal protective equipment to be removed. Avoid touching the outside of the gloves with bare fingers. Dispose of these gloves in waste disposal container.

Following PPE removal, personnel shall wash hands, face and forearms with absorbent wipes. If field activities proceed for duration of 6 consecutive months or longer, shower facilities will be provided for worker use in accordance with OSHA 29 CFR 1910.120(n).

12.2 Decontamination for Medical Emergencies In the event of a minor, non-life threatening injury, personnel should follow the decontamination procedures as defined, and then administer first-aid.

B T K 0294-013-001 37

Health & Safety Plan for Post Remedial Activities

In the event of a major injury or other serious medical concern (e.g., heat stroke), immediate first-aid is to be administered and the victim transported to the hospital in lieu of further decontamination efforts unless exposure to a Site contaminant would be considered “Immediately Dangerous to Life or Health.”

12.3 Decontamination of Field Equipment The Contractor in accordance with his approved Health and Safety Plan in the Contamination Reduction Zone will conduct decontamination of heavy equipment. As a minimum, this will include manually removing heavy soil contamination, followed by steam cleaning on an impermeable pad. Benchmark-TurnKey personnel will conduct decontamination of all tools used for sample collection purposes. It is expected that all tools will be constructed of nonporous, nonabsorbent materials (i.e., metal), which will aid in the decontamination effort. Any tool or part of a tool made of porous, absorbent material (i.e., wood) will be placed into suitable containers and prepared for disposal. Decontamination of bailers, split-spoons, spatula knives, and other tools used for environmental sampling and examination shall be as follows:

. Disassemble the equipment . Water wash to remove all visible foreign matter. . Wash with detergent. . Rinse all parts with distilled-deionized water. . Allow to air dry. . Wrap all parts in aluminum foil or polyethylene.

B T K 0294-013-001 38

Health & Safety Plan for Post Remedial Activities

13.0 CONFINED SPACE ENTRY OSHA 29 CFR 1910.146 identifies a confined space as a space that is large enough and so configured that an employee can physically enter and do assigned work, has limited or restricted means for entry and exit, and is not intended for continuous employee occupancy. Confined spaces include, but are not limited to, trenches, storage tanks, process vessels, pits, sewers, tunnels, underground utility vaults, pipelines, sumps, wells, and excavations. Confined space entry by TurnKey-Benchmark employees is not anticipated to be necessary to complete the BCP activities identified in Section 2.0. In the event that the scope of work changes or confined space entry appears necessary, the Project Manager will be consulted to determine if feasible engineering alternatives to confined space entry can be implemented. If confined space entry by TurnKey-Benchmark employees cannot be avoided through reasonable engineering measures, task-specific confined space entry procedures will be developed and a confined-space entry permit will be issued through TurnKey-Benchmark’s corporate Health and Safety Director. TurnKey-Benchmark employees shall not enter a confined space without these procedures and permits in place.

B T K 0294-013-001 39

Health & Safety Plan for Post Remedial Activities

14.0 FIRE PREVENTION AND PROTECTION

14.1 General Approach Recommended practices and standards of the National Fire Protection Association (NFPA) and other applicable regulations will be followed in the development and application of Project Fire Protection Programs. When required by regulatory authorities, the project management will prepare and submit a Fire Protection Plan for the approval of the contracting officers, authorized representative or other designated official. Essential considerations for the Fire Protection Plan will include: . Proper Site preparation and safe storage of combustible and flammable materials. . Availability of coordination with private and public fire authorities. . Adequate job-site fire protection and inspections for fire prevention. . Adequate indoctrination and training of employees.

14.2 Equipment and Requirements Fire extinguishers will be provided by each Contractor and are required on all heavy equipment and in each field trailer. Fire extinguishers will be inspected, serviced, and maintained in accordance with the manufacturer’s instructions. As a minimum, all extinguishers shall be checked monthly and weighed semi-annually, and recharged if necessary. Recharge or replacement shall be mandatory immediately after each use.

14.3 Flammable and Combustible Substances All storage, handling or use of flammable and combustible substances will be under the supervision of qualified persons. All tanks, containers and pumping equipment, whether portable or stationary, used for the storage and handling of flammable and combustible liquids, will meet the recommendations of the National Fire Protection Association.

14.4 Hot Work If the scope of work necessitates welding or blowtorch operation, the hot work permit presented in Appendix B will be completed by the SSHO and reviewed/issued by the Project Manager.

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Health & Safety Plan for Post Remedial Activities

15.0 EMERGENCY INFORMATION In accordance with OSHA 29 CFR Part 1910, an Emergency Response Plan is attached to this HASP as Appendix A. The hospital route map is presented within Appendix A as Figure 1.

B T K 0294-013-001 41

TABLES

B T K 0294-013-001

B nvironmen tal ngineering cence,i TABLE 1

TOXICITY DATA FOR CONSTITUENTS OF POTENTIAL CONCERN

402 and 430 Buffalo Avenue Site Niagara Falls, New York

Concentration Limits 1 ParameterSynonyms CAS No. Code PEL TLV IDLH

Volatile Organic Compounds (VOCs): ppm Acetone none 67-64-1 none 1000 750 2500 Semi-volatile Organic Compounds (SVOCs) 2: ppm Benzo(a)anthracene none 56-55-3 none ------Benzo(a)pyrene none 50-32-8 none ------Benzo(b)fluoranthene none 205-99-2 none ------Benzo(k)fluoranthene none 207-08-9 none ------Chrysene none 218-01-9 none ------Dibenzo(a,h)anthracene none 53-70-3 none ------Indeno(1,2,3-cd)pyrene none 193-39-5 none ------Inorganic Compounds: mg/m 2 Barium none 7440-39-3 none -- 0.5 -- Chromium none 7440-47-3 none 1 0.5 250 Lead none 7439-92-1 none 0.05 0.15 100 Zinc none 7440-66-6 none ------Mercury none 7439-97-6 C-0.1 0.1 0.05 10 Polychorinated Biphenyls (PCBs): ppm Total PCBs none -- none ------

Notes: 1. Concentration limits as reported by NIOSH Pocket Guide to Chemical Hazards, February 2004 (NIOSH Publication No. 97-140, fourth printing with changes and updates). 2. " -- " = concentration limit not available; exposure should be minimized to the extent feasible through appropriate engineering controls & PPE.

Explanation: Ca = NIOSH considers constituent to be a potential occupational carcinogen. C-## = Ceiling Level equals the maximum exposure concentration allowable during the work day. IDLH = Immediately Dangerous to Life or Health. ND indicates that an IDLH has not as yet been determined. TLV = Threshold Limit Value, established by American Conference of Industrial Hygienists (ACGIH), equals the maximum exposure concentration allowable for 8 hours/day @ 40 hours/week. TLVs are the amounts of chemicals in the air that almost all healthy adult workers are predicted to be able to tolerate without adverse effects. There are three types. TLV-TWA (TLV-Time-Weighted Average) which is averaged over the normal eight-hour day/forty-hour work week. (Most TLVs.) TLV-STEL or Short Term Exposure Limits are 15 minute exposures that should not be exceeded for even an instant. It is not a stand alone value but is accompanied by the TLV- TWA. TLV-C or Ceiling limits are the concentration that should not be exceeded during any part of the working exposure. Unless the initials "STEL" or "C" appear in the Code column, the TLV value should be considered to be the eight-hour TLV-TWA. PEL = Permissible Exposure Limit, established by OSHA, equals the maximium exposure conconcentration allowable for 8 hours per day @ 40 hours per week B nvironmen tal ngineering cence,i TABLE 2

POTENTIAL ROUTES OF EXPOSURE TO PARAMETERS OF INTEREST

402 and 430 Buffalo Avenue Site Niagara Falls, New York

Direct Inhalation of Activity 1 Contact Vapors or with Soil/Fill Dust

1. Soil/Fill Excavation: Utility Work x x

2. Soil/Fill Excavation: New Foundation xx

3. Cover System Replacement/Major Repair xx

4. Other Subgrade Work xx

Notes: 1. Activity as described in Section 1.6 of the Health and Safety Plan. B nvironmen tal ngineering cence,i TABLE 3

REQUIRED LEVELS OF PROTECTION FOR POST REMEDIAL ACTIVITIES

402 and 430 Buffalo Avenue Site Niagara Falls, New York

Respiratory Other Required Activity Clothing Gloves 2 Boots 2, 3 Protection 1 PPE/Modifications 2, 4 Test Pit or Excavations that penetrate the Cover System to Level D Work Uniform outer: L HH L/N Remove Soil Beneath (upgrade to Level C if necessary) or Tyvek inner: STSS SGSS Installation of Active Sub-slab Depressurization (ASD) Level D Work Uniform outer: L HH L/N Systems within future buildings on Site. (upgrade to Level C if necessary) or Tyvek inner: STSS SGSS Import of Backfill Materials for use and Fill at the Site Level D Work Uniform outer: L HH L/N requiring Analytical Sampling (upgrade to Level C if necessary) or Tyvek inner: STSS SGSS Export of Materials from the Site that will require Analytical Level D Work Uniform outer: L HH L/N Sampling (upgrade to Level C if necessary) or Tyvek inner: STSS SGSS Community Air Monitoring while Excavating Potentially Level D Work Uniform outer: L HH L/N Impacted Materials (upgrade to Level C if necessary) or Tyvek inner: STSS SGSS

Notes: 1. Respiratory equipment shall conform to guidelines presented in Section 7.0 of this HASP. The Level C requirement is an air-purifying respirator equiped with organic compound/acid gas/dust cartridge. 2. HH = hardhat; L= Latex; L/N = latex inner glove, nitrile outer glove; N = Nitrile; SGSS = safety glasses with sideshields; STSS = steel toe safety shoes. 3. Latex outer boot (or approved overboot) required whenever contact with contaminated materials may occur. SSHO may downgrade to STSS (steel-toed safety shoes) if contact will be limited to cover/replacement soils. 4. Dust masks shall be donned as directed by the SSHO (site safety and health officer) or site safety technician whenever potentially contaminated airborne particulates (i.e., dust) are present in significant amounts in the breathing zone. Goggles may be substituted with safety glasses w/side-shields whenever contact with contaminated liquids is not anticipated.

FIGURES

B T K 0294-013-001

FIGURE 1 F:\CAD\TurnKey\Merani Hospitality\401, 402, and 430 Buffalo Ave\SMP\HASP\HASP Figures\Figure 1; Site Location and Vicinity Map.dwg Vicinity and Location 1; Site Figures\Figure Ave\SMP\HASP\HASP Buffalo 430 and 402, Hospitality\401, F:\CAD\TurnKey\Merani

SITE

SITE LOCATION AND VICINITY MAP T K nvironmental estoration, HEALTH AND SAFETY PLAN 402 & 430 BUFFALO AVENUE SITE BCP SITE No. C932164 PROJECT NO.: 0294-013-001 NIAGARA FALLS, NEW YORK DATE: NOVEMBER 2015 PREPARED FOR DRAFTED BY: BLR MERANI HOSPITALITY, INC.

DISCLAIMER: PROPERTY OF TURNKEY ENV. REST., LLC. IMPORTANT: THIS DRAWING PRINT IS LOANED FOR MUTUAL ASSISTANCE AND AS SUCH IS SUBJECT TO RECALL AT ANY TIME. INFORMATION CONTAINED HEREON IS NOT TO BE DISCLOSED OR REPRODUCED IN ANY FORM FOR THE BENEFIT OF PARTIES OTHER THAN NECESSARY SUBCONTRACTORS & SUPPLIERS WITHOUT THE WRITTEN CONSENT OF TURNKEY ENV. REST., LLC. AS

AND

SUPPLIERS

&

ASSISTANCE

MUTUAL

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FOR

LOANED

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IS

THAN

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402 BUFFALO, AVE 0294-013-001

SBL: 159.54-1-46 OTHER

DRAWING

PARTIES 6TH STREET 6TH THIS

OF

JOB NO.: F:\CAD\TurnKey\Merani Hospitality\401, 402, and 430 Buffalo Ave\SMP\HASP\HASP Figures\Figure 2; Site Plan (Aerial).dwg

BENEFIT 4TH STREET 4TH IMPORTANT:

THE

LLC

430 BUFFALO, AVE FOR BUFFALO AVENUE SBL: 159.54-1-45 BCP BOUNDARY FORM

ANY

RESTORATION,

IN

401 BUFFALO, AVE REPRODUCED

SBL: 159.13-2-9 ENVIRONMENTAL

EXISTING OR BUILDING TURNKEY

&

DISCLOSED

BE

PLLC.

TO HOLLY PLACE HOLLY

NOT

IS

4TH STREET 4TH SCIENCE,

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PREPARED FOR HEREON FORMER BUILDING - DEMOLISHED BCP SITE No. C932164 ENGINEERING

MERANI HOSPITALITY, INC. HEALTH AND SAFETY PLAN CONTAINED NIAGARA FALLS, NEW YORK

SITE PLAN (AERIAL) 402 & 430 BUFFALO AVENUE SITE INFORMATION

ENVIRONMENTAL

TIME.

ANY

AT

BENCHMARK

OF

100' 0' 100' 200' RECALL

TO

PROPERTY

SCALE: 1 INCH = 100 FEET

KRR SCALE IN FEET SUBJECT IMAGE PER GOOGLE EARTH IS (approximate)

SEPTEMBER 2015 FIGURE 2 DISCLAIMER: SUCH WITHOUT THE WRITTEN CONSENT OF BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE, PLLC TURNKEY RESTORATION, LLC. DATE: DRAFTED BY:

ATTACHMENT A

EMERGENCY RESPONSE PLAN

B T K 0294-013-001

HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

EMERGENCY RESPONSE PLAN for BROWNFIELD CLEANUP PROGRAM REDEVELOPMENT ACTIVITIES

402 and 430 BUFFALO AVENUE SITE NIAGARA FALLS, NEW YORK November 2015 0294-013-001

Prepared for:

MERANI HOSPITALITY, INC. HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

HEALTH AND SAFETY PLAN FOR REDEVELOPMENT ACTIVITIES APPENDIX A: EMERGENCY RESPONSE PLAN 402 AND 430 BUFFALO AVENUE SITE

TABLE OF CONTENTS

1.0 GENERAL ...... 1

2.0 PRE-EMERGENCY PLANNING ...... 2

3.0 ON-SITE EMERGENCY RESPONSE EQUIPMENT ...... 3

4.0 EMERGENCY PLANNING MAPS ...... 4

5.0 EMERGENCY CONTACTS ...... 5

6.0 EMERGENCY ALERTING & EVACUATION ...... 6

7.0 EXTREME WEATHER CONDITIONS ...... 8

8.0 EMERGENCY MEDICAL TREATMENT & FIRST AID ...... 9

9.0 EMERGENCY RESPONSE CRITIQUE & RECORD KEEPING ...... 10

10.0 EMERGENCY RESPONSE TRAINING ...... 11

LIST OF FIGURES Figure 1 Hospital Route Map

T K 0136-013-005 i

HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

1.0 GENERAL This report presents the site-specific Emergency Response Plan (ERP) referenced in the Site Health and Safety Plan (HASP) prepared for Brownfield Cleanup Program related activities at the 402 and 430 Buffalo Avenue Site in Niagara Falls, New York. This appendix of the HASP describes potential emergencies that may occur at the Site; procedures for responding to those emergencies; roles and responsibilities during emergency response; and training all workers must receive in order to follow emergency procedures. This ERP also describes the provisions this Site has made to coordinate its emergency response planning with other contractors on-site and with off-site emergency response organizations. This ERP is consistent with the requirements of 29 CFR 1910.120(l) and provides the following site-specific information:

. Pre-emergency planning. . Personnel roles, lines of authority, and communication. . Emergency recognition and prevention. . Safe distances and places of refuge. . Evacuation routes and procedures. . Decontamination procedures. . Emergency medical treatment and first aid. . Emergency alerting and response procedures. . Critique of response and follow-up. . Emergency personal protective equipment (PPE) and equipment.

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HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

2.0 PRE-EMERGENCY PLANNING This Site has been evaluated for potential emergency occurrences, based on site hazards, the required work tasks, the site topography, and prevailing weather conditions. The results of that evaluation indicate the potential for the following site emergencies to occur at the locations indicated.

Type of Emergency: 1. Medical, due to physical injury

Source of Emergency: 1. Slip/trip/fall

Location of Source: 1. Non-specific

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HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

3.0 ON-SITE EMERGENCY RESPONSE EQUIPMENT Emergency procedures may require specialized equipment to facilitate worker rescue, contamination control and reduction, or post-emergency clean up. Emergency response equipment available on the Site is listed below. The equipment inventory and storage locations are based on the potential emergencies described above. This equipment inventory is designed to meet on-site emergency response needs and any specialized equipment needs that off-site responders might require because of the hazards at this Site but not ordinarily stocked. Any additional personal protective equipment (PPE) required and stocked for emergency response is also listed in below. During an emergency, the Emergency Response Coordinator (ERC) is responsible for specifying the level of PPE required for emergency response. At a minimum, PPE used by emergency responders will comply with Section 7.0, Personal Protective Equipment, of this HASP. Emergency response equipment is inspected at regular intervals and maintained in good working order. The equipment inventory is replenished as necessary to maintain response capabilities.

Emergency Equipment Quantity Location First Aid Kit 1 Site Vehicle All heavy equipment and Chemical Fire Extinguisher 2 (minimum) Site Vehicle

Emergency PPE Quantity Location Full-face respirator 1 for each worker Site Vehicle Chemical-resistant suits 4 (minimum) Site Vehicle

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HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

4.0 EMERGENCY PLANNING MAPS An area-specific map of the Site will be developed on a daily basis during performance of field activities. The map will be marked to identify critical on-site emergency planning information, including: emergency evacuation routes, a place of refuge, an assembly point, and the locations of key site emergency equipment. Site zone boundaries will be shown to alert responders to known areas of contamination. There are no major topographical features, however the direction of prevailing winds/weather conditions that could affect emergency response planning are also marked on the map. The map will be posted at site-designated place of refuge and inside the TurnKey personnel field vehicle.

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HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

5.0 EMERGENCY CONTACTS The following identifies the emergency contacts for this ERP.

Emergency Telephone Numbers: Project Manager: Michael Lesakowski Work: (716) 856-0599 Mobile: (716) 818-3954

Corporate Health and Safety Director: Thomas H. Forbes Work: (716) 856-0599 Mobile: (716) 864-1730

Site Safety and Health Officer (SSHO): Bryan C. Hann Work: (716) 856-0635 Mobile: (716) 870-1165

Alternate SSHO: Nathan Munley Work: (716) 856-0635 Mobile: (716) 289-1072

NIAGRA FALLS MEMORIAL MEDICAL CENTER (ER): (716) 278-4000 FIRE: 911 AMBULANCE: 911 BUFFALO POLICE: 911 STATE EMERGENCY RESPONSE HOTLINE: (800) 457-7362 NATIONAL RESPONSE HOTLINE: (800) 424-8802 NYSDOH: (716) 847-4385 NYSDEC: (716) 851-7220 NYSDEC 24-HOUR SPILL HOTLINE: (800) 457-7252

The Site location is:

402 and 430 Buffalo Avenue Niagara Falls, New York 14303 Site Phone Number: (Insert Cell Phone or Field Trailer): ______

0294-013-001 5 T K

HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

6.0 EMERGENCY ALERTING & EVACUATION Internal emergency communication systems are used to alert workers to danger, convey safety information, and maintain site control. Any effective system can be employed. Two-way radio headsets or field telephones are often used when work teams are far from the command post. Hand signals and air-horn blasts are also commonly used. Every system must have a backup. It shall be the responsibility of each contractor’s Site Health and Safety Officer to ensure all personnel entering the site understand an adequate method of internal communication. Unless all personnel are otherwise informed, the following signals shall be used.

1) Emergency signals by portable air horn, siren, or whistle: two short blasts, personal injury; continuous blast, emergency requiring site excavation.

2) Visual signals: hand gripping throat, out of air/cannot breathe; hands on top of head, need assistance; thumbs up, affirmative/ everything is OK; thumbs down, no/negative; grip partner’s wrist or waist, leave area immediately.

If evacuation notice is given, site workers leave the worksite with their respective buddies, if possible, by way of the nearest exit. Emergency decontamination procedures detailed in Section 12.0 of the HASP are followed to the extent practical without compromising the safety and health of site personnel. The evacuation routes and assembly area will be determined by conditions at the time of the evacuation based on wind direction, the location of the hazard source, and other factors as determined by rehearsals and inputs from emergency response organizations. Wind direction indicators are located so that workers can determine a safe up wind or cross wind evacuation route and assembly area if not informed by the emergency response coordinator at the time the evacuation alarm sounds. Since work conditions and work zones within the site may be changing on daily basis, it shall be the responsibility of the construction Site Health and Safety Officer to review evacuation routes and procedures as necessary and to inform all TurnKey-Benchmark workers of any changes. Personnel exiting the site will gather at a designated assembly point. To determine that everyone has successfully exited the site, personnel will be accounted for at the assembly

0294-013-001 6 T K

HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

site. If any worker cannot be accounted for, notification is given to the SSHO (Bryan Hann or Nathan Munley) so that appropriate action can be initiated. Contractors and subcontractors on this site have coordinated their emergency response plans to ensure that these plans are compatible and that source(s) of potential emergencies are recognized, alarm systems are clearly understood, and evacuation routes are accessible to all personnel relying upon them.

0294-013-001 7 T K

HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

7.0 EXTREME WEATHER CONDITIONS In the event of adverse weather conditions, the Site Safety and Health Officer in conjunction with the Contractor’s SSHO will determine if engineering operations can continue without sacrificing the health and safety of site personnel. Items to be considered prior to determining if work should continue include but are not limited to:

. Potential for heat/cold stress.

. Weather-related construction hazards (e.g., flooding or wet conditions producing undermining of structures or sheeting, high wind threats, etc).

. Limited visibility.

. Potential for electrical storms.

. Limited site access/egress (e.g., due to heavy snow)

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HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

8.0 EMERGENCY MEDICAL TREATMENT & FIRST AID Personnel Exposure: The following general guidelines will be employed in instances where health impacts threaten to occur acute exposure is realized: . Skin Contact: Use copious amounts of soap and water. Wash/rinse affected area for at least 15 minutes. Decontaminate and provide medical attention. Eyewash stations will be provided on site. If necessary, transport to Buffalo General Hospital.

. Inhalation: Move to fresh air and, if necessary, transport to Hospital.

. Ingestion: Decontaminate and transport to Hospital.

Personal Injury: Minor first-aid will be applied on-site as deemed necessary. In the event of a life threatening injury, the individual should be transported to Hospital via ambulance. The Site Health and Safety Officer will supply available chemical specific information to appropriate medical personnel as requested. First aid kits will conform to Red Cross and other applicable good health standards, and shall consist of a weatherproof container with individually sealed packages for each type of item. First aid kits will be fully equipped before being sent out on each job and will be checked weekly by the SSHO to ensure that the expended items are replaced. Directions to Niagara Falls Memorial Medical Center (see Figure 1): The following directions describe the best route from the Site to Niagara Falls Memorial Medical Center:

. Head east on Buffalo Avenue toward Holly Place . Turn right onto Robert Moses Parkway . Keep right at the fork, follow signs for New York 384/New York 265/Tonawandas and merge onto LaSalle Expressway . Turn left onto Williams Road . Hospital on the left (6934 Williams Road) (7.5 miles)

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HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

9.0 EMERGENCY RESPONSE CRITIQUE & RECORD KEEPING Following an emergency, the SSHO and Project Manager shall review the effectiveness of this Emergency Response Plan (ERP) in addressing notification, control and evacuation requirements. Updates and modifications to this ERP shall be made accordingly. It shall be the responsibility of each contractor to establish and assure adequate records of the following:

. Occupational injuries and illnesses. . Accident investigations. . Reports to insurance carrier or State compensation agencies. . Reports required by the client. . Records and reports required by local, state, federal and/or international agencies. . Property or equipment damage. . Third party injury or damage claims. . Environmental testing logs. . Explosive and hazardous substances inventories and records. . Records of inspections and citations. . Safety training.

0294-013-001 10 T K

HEALTH & SAFETY PLAN APPENDIX A: EMERGENCY RESPONSE PLAN

10.0 EMERGENCY RESPONSE TRAINING All persons who enter the worksite, including visitors, shall receive a site-specific briefing about anticipated emergency situations and the emergency procedures by the SSHO. Where this site relies on off-site organizations for emergency response, the training of personnel in those off-site organizations has been evaluated and is deemed adequate for response to this site.

0294-013-001 11 T K

FIGURES

0294-013-001 T K

FIGURE A-1 F:\CAD\TurnKey\Merani Hospitality\401, 402, and 430 Buffalo Ave\SMP\HASP\FIGURE A-1; Hospital Route.dwg

1,000' 0' 1,000' 2,000'

SCALE: 1 INCH = 1000 FEET SCALE IN FEET (approximate)

HOSPITAL ROUTE T K nvironmental estoration, EMERGENCY RESPONSE PLAN 402 AND 430 BUFFALO AVENUE PROJECT NO.: 0294-013-001 NIAGARA FALLS, NEW YORK DATE: NOVEMBER 2015 PREPARED FOR DRAFTED BY: CCB MERANI HOSPITALITY, INC

DISCLAIMER: PROPERTY OF TURNKEY ENVIRONMENTAL RESTORATION, LLC. IMPORTANT: THIS DRAWING PRINT IS LOANED FOR MUTUAL ASSISTANCE AND AS SUCH IS SUBJECT TO RECALL AT ANY TIME. INFORMATION CONTAINED HEREON IS NOT TO BE DISCLOSED OR REPRODUCED IN ANY FORM FOR THE BENEFIT OF PARTIES OTHER THAN NECESSARY SUBCONTRACTORS & SUPPLIERS WITHOUT THE WRITTEN CONSENT OF TURNKEY ENVIRONMENTAL RESTORATION, LLC.

ATTACHMENT B

HOT WORK PERMIT FORM

B T K 0294-013-001

HOT WORK PERMIT

PART 1 - INFORMATION Issue Date: Date Work to be Performed: Start: Finish (permit terminated): Performed By: Work Area: Object to be Worked On:

PART 2 - APPROVAL (for 1, 2 or 3: mark Yes, No or NA)* Will working be on or in: Finish (permit terminated): 1. Metal partition, wall, ceiling covered by combustible material? yes no 2. Pipes, in contact with combustible material? yes no 3. Explosive area? yes no

* = If any of these conditions exist (marked "yes"), a permit will not be issued without being reviewed and approved by Thomas H. Forbes (Corporate Health and Safety Director). Required Signature below.

PART 3 - REQUIRED CONDITIONS** (Check all conditions that must be met)

PROTECTIVE ACTION PROTECTIVE EQUIPMENT Specific Risk Assessment Required Goggles/visor/welding screen Fire or spark barrier Apron/fireproof clothing Cover hot surfaces Welding gloves/gauntlets/other: Move movable fire hazards, specifically Wellintons/Knee pads Erect screen on barrier Ear protection: Ear muffs/Ear plugs Restrict Access B.A.: SCBA/Long Breather Wet the ground Respirator: Type: Ensure adequate ventilation Cartridge: Provide adequate supports Local Exhaust Ventilation Cover exposed drain/floor or wall cracks Extinguisher/Fire blanket Fire watch (must remain on duty during duration of permit) Personal flammable gas monitor Issue additional permit(s): Other precautions:

** Permit will not be issued until these conditions are met. SIGNATURES

Orginating Employee: Date: Project Manager: Date: Part 2 Approval: Date:

ATTACHMENT C

NYSDOH GENERIC COMMUNITY AIR MONITORING PLAN

B T K 0294-013-001

Appendix 1AC1 New York State Department of Health Generic Community Air Monitoring Plan

Overview

A Community Air Monitoring Plan (CAMP) requires real-time monitoring for volatile organic compounds (VOCs) and particulates (i.e., dust) at the downwind perimeter of each designated work area when certain activities are in progress at contaminated sites. The CAMP is not intended for use in establishing action levels for worker respiratory protection. Rather, its intent is to provide a measure of protection for the downwind community (i.e., off-site receptors including residences and businesses and on-site workers not directly involved with the subject work activities) from potential airborne contaminant releases as a direct result of investigative and remedial work activities. The action levels specified herein require increased monitoring, corrective actions to abate emissions, and/or work shutdown. Additionally, the CAMP helps to confirm that work activities did not spread contamination off-site through the air.

The generic CAMP presented below will be sufficient to cover many, if not most, sites. Specific requirements should be reviewed for each situation in consultation with NYSDOH to ensure proper applicability. In some cases, a separate site-specific CAMP or supplement may be required. Depending upon the nature of contamination, chemical- specific monitoring with appropriately-sensitive methods may be required. Depending upon the proximity of potentially exposed individuals, more stringent monitoring or response levels than those presented below may be required. Special requirements will be necessary for work within 20 feet of potentially exposed individuals or structures and for indoor work with co-located residences or facilities. These requirements should be determined in consultation with NYSDOH.

Reliance on the CAMP should not preclude simple, common-sense measures to keep VOCs, dust, and odors at a minimum around the work areas.

Community Air Monitoring Plan

Depending upon the nature of known or potential contaminants at each site, real-time air monitoring for VOCs and/or particulate levels at the perimeter of the exclusion zone or work area will be necessary. Most sites will involve VOC and particulate monitoring; sites known to be contaminated with heavy metals alone may only require particulate monitoring. If radiological contamination is a concern, additional monitoring requirements may be necessary per consultation with appropriate DEC/NYSDOH staff.

Continuous monitoring will be required for all ground intrusive activities and during the demolition of contaminated or potentially contaminated structures. Ground intrusive activities include, but are not limited to, soil/waste excavation and handling, test pitting or trenching, and the installation of soil borings or monitoring wells.

Periodic monitoring for VOCs will be required during non-intrusive activities such as the collection of soil and sediment samples or the collection of groundwater samples from existing monitoring wells. APeriodic@ monitoring during sample collection might reasonably consist of taking a reading upon arrival at a sample location, monitoring while opening a well cap or

Final DER-10 Page 204 of 226 Technical Guidance for Site Investigation and Remediation May 2010 overturning soil, monitoring during well baling/purging, and taking a reading prior to leaving a sample location. In some instances, depending upon the proximity of potentially exposed individuals, continuous monitoring may be required during sampling activities. Examples of such situations include groundwater sampling at wells on the curb of a busy urban street, in the midst of a public park, or adjacent to a school or residence.

VOC Monitoring, Response Levels, and Actions

Volatile organic compounds (VOCs) must be monitored at the downwind perimeter of the immediate work area (i.e., the exclusion zone) on a continuous basis or as otherwise specified. Upwind concentrations should be measured at the start of each workday and periodically thereafter to establish background conditions, particularly if wind direction changes. The monitoring work should be performed using equipment appropriate to measure the types of contaminants known or suspected to be present. The equipment should be calibrated at least daily for the contaminant(s) of concern or for an appropriate surrogate. The equipment should be capable of calculating 15-minute running average concentrations, which will be compared to the levels specified below.

1. If the ambient air concentration of total organic vapors at the downwind perimeter of the work area or exclusion zone exceeds 5 parts per million (ppm) above background for the 15-minute average, work activities must be temporarily halted and monitoring continued. If the total organic vapor level readily decreases (per instantaneous readings) below 5 ppm over background, work activities can resume with continued monitoring.

2. If total organic vapor levels at the downwind perimeter of the work area or exclusion zone persist at levels in excess of 5 ppm over background but less than 25 ppm, work activities must be halted, the source of vapors identified, corrective actions taken to abate emissions, and monitoring continued. After these steps, work activities can resume provided that the total organic vapor level 200 feet downwind of the exclusion zone or half the distance to the nearest potential receptor or residential/commercial structure, whichever is less - but in no case less than 20 feet, is below 5 ppm over background for the 15-minute average.

3. If the organic vapor level is above 25 ppm at the perimeter of the work area, activities must be shutdown.

4. All 15-minute readings must be recorded and be available for State (DEC and NYSDOH) personnel to review. Instantaneous readings, if any, used for decision purposes should also be recorded.

Particulate Monitoring, Response Levels, and Actions

Particulate concentrations should be monitored continuously at the upwind and downwind perimeters of the exclusion zone at temporary particulate monitoring stations. The particulate monitoring should be performed using real-time monitoring equipment capable of measuring particulate matter less than 10 micrometers in size (PM-10) and capable of integrating over a period of 15 minutes (or less) for comparison to the airborne particulate action level. The equipment must be equipped with an audible alarm to indicate exceedance of the action level. In addition, fugitive dust migration should be visually assessed during all work activities.

Final DER-10 Page 205 of 226 Technical Guidance for Site Investigation and Remediation May 2010 1. If the downwind PM-10 particulate level is 100 micrograms per cubic meter (mcg/m3) greater than background (upwind perimeter) for the 15-minute period or if airborne dust is observed leaving the work area, then dust suppression techniques must be employed. Work may continue with dust suppression techniques provided that downwind PM-10 particulate levels do not exceed 150 mcg/m3 above the upwind level and provided that no visible dust is migrating from the work area.

2. If, after implementation of dust suppression techniques, downwind PM-10 particulate levels are greater than 150 mcg/m3 above the upwind level, work must be stopped and a re-evaluation of activities initiated. Work can resume provided that dust suppression measures and other controls are successful in reducing the downwind PM-10 particulate concentration to within 150 mcg/m3 of the upwind level and in preventing visible dust migration.

3. All readings must be recorded and be available for State (DEC and NYSDOH) and County Health personnel to review.

December 2009

Final DER-10 Page 206 of 226 Technical Guidance for Site Investigation and Remediation May 2010 Appendix 1BC2 Fugitive Dust and Particulate Monitoring

A program for suppressing fugitive dust and particulate matter monitoring at hazardous waste sites is a responsibility on the remedial party performing the work. These procedures must be incorporated into appropriate intrusive work plans. The following fugitive dust suppression and particulate monitoring program should be employed at sites during construction and other intrusive activities which warrant its use:

1. Reasonable fugitive dust suppression techniques must be employed during all site activities which may generate fugitive dust.

2. Particulate monitoring must be employed during the handling of waste or contaminated soil or when activities on site may generate fugitive dust from exposed waste or contaminated soil. Remedial activities may also include the excavation, grading, or placement of clean fill. These control measures should not be considered necessary for these activities.

3. Particulate monitoring must be performed using real-time particulate monitors and shall monitor particulate matter less than ten microns (PM10) with the following minimum performance standards:

(a) Objects to be measured: Dust, mists or aerosols; (b) Measurement Ranges: 0.001 to 400 mg/m3 (1 to 400,000 :ug/m3); (c) Precision (2-sigma) at constant temperature: +/- 10 :g/m3 for one second averaging; and +/- 1.5 g/m3 for sixty second averaging; (d) Accuracy: +/- 5% of reading +/- precision (Referred to gravimetric calibration with SAE fine test dust (mmd= 2 to 3 :m, g= 2.5, as aerosolized); (e) Resolution: 0.1% of reading or 1g/m3, whichever is larger; (f) Particle Size Range of Maximum Response: 0.1-10; (g) Total Number of Data Points in Memory: 10,000; (h) Logged Data: Each data point with average concentration, time/date and data point number (i) Run Summary: overall average, maximum concentrations, time/date of maximum, total number of logged points, start time/date, total elapsed time (run duration), STEL concentration and time/date occurrence, averaging (logging) period, calibration factor, and tag number; (j) Alarm Averaging Time (user selectable): real-time (1-60 seconds) or STEL (15 minutes), alarms required; (k) Operating Time: 48 hours (fully charged NiCd battery); continuously with charger; (l) Operating Temperature: -10 to 50o C (14 to 122o F); (m) Particulate levels will be monitored upwind and immediately downwind at the working site and integrated over a period not to exceed 15 minutes.

4. In order to ensure the validity of the fugitive dust measurements performed, there must be appropriate Quality Assurance/Quality Control (QA/QC). It is the responsibility of the remedial party to adequately supplement QA/QC Plans to include the following critical features: periodic instrument calibration, operator training, daily instrument performance (span) checks, and a record keeping plan.

5. The action level will be established at 150 ug/m3 (15 minutes average). While conservative,

Final DER-10 Page 207 of 226 Technical Guidance for Site Investigation and Remediation May 2010 this short-term interval will provide a real-time assessment of on-site air quality to assure both health and safety. If particulate levels are detected in excess of 150 ug/m3, the upwind background level must be confirmed immediately. If the working site particulate measurement is greater than 100 ug/m3 above the background level, additional dust suppression techniques must be implemented to reduce the generation of fugitive dust and corrective action taken to protect site personnel and reduce the potential for contaminant migration. Corrective measures may include increasing the level of personal protection for on-site personnel and implementing additional dust suppression techniques (see paragraph 7). Should the action level of 150 ug/m3 continue to be exceeded work must stop and DER must be notified as provided in the site design or remedial work plan. The notification shall include a description of the control measures implemented to prevent further exceedances.

6. It must be recognized that the generation of dust from waste or contaminated soil that migrates off-site, has the potential for transporting contaminants off-site. There may be situations when dust is being generated and leaving the site and the monitoring equipment does not measure PM10 at or above the action level. Since this situation has the potential to allow for the migration of contaminants off-site, it is unacceptable. While it is not practical to quantify total suspended particulates on a real-time basis, it is appropriate to rely on visual observation. If dust is observed leaving the working site, additional dust suppression techniques must be employed. Activities that have a high dusting potential-- such as solidification and treatment involving materials like kiln dust and lime--will require the need for special measures to be considered.

7. The following techniques have been shown to be effective for the controlling of the generation and migration of dust during construction activities:

(a) Applying water on haul roads; (b) Wetting equipment and excavation faces; (c) Spraying water on buckets during excavation and dumping; (d) Hauling materials in properly tarped or watertight containers; (e) Restricting vehicle speeds to 10 mph; (f) Covering excavated areas and material after excavation activity ceases; and (g) Reducing the excavation size and/or number of excavations.

Experience has shown that the chance of exceeding the 150ug/m3 action level is remote when the above-mentioned techniques are used. When techniques involving water application are used, care must be taken not to use excess water, which can result in unacceptably wet conditions. Using atomizing sprays will prevent overly wet conditions, conserve water, and provide an effective means of suppressing the fugitive dust.

8. The evaluation of weather conditions is necessary for proper fugitive dust control. When extreme wind conditions make dust control ineffective, as a last resort remedial actions may need to be suspended. There may be situations that require fugitive dust suppression and particulate monitoring requirements with action levels more stringent than those provided above. Under some circumstances, the contaminant concentration and/or toxicity may require additional monitoring to protect site personnel and the public. Additional integrated sampling and chemical analysis of the dust may also be in order. This must be evaluated when a health and safety plan is developed and when appropriate suppression and monitoring requirements are established for protection of health and the environment.

Final DER-10 Page 208 of 226 Technical Guidance for Site Investigation and Remediation May 2010 SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE BCP SITE NO. C932164

APPENDIX E

SITE MANAGEMENT FORMS

0294-013-001 B T K

SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE BCP SITE NO. C932164

APPENDIX F

RESPONSIBILITIES OF OWNER & REMEDIAL PARTY

0294-013-001 B T K SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

F-1: RESPONSIBILITIES The owner and remedial party, and the associated responsibilities for implementing the Site Management Plan (“SMP”) for the 402 and 430 Buffalo Avenue Site (the “Site”), BCP Site number C932164, are:

Merani Hospitaliy, Inc. 7001 Buffalo Avenue Niagara Falls, New York

Nothing on this page shall supersede the provisions of an Environmental Easement, Consent Order, Consent Decree, agreement, or other legally binding document that affects rights and obligations relating to the site. Future site owners and RPs and their successors and assigns are required to carry out the activities set forth above.

0294-013-001 B T K SITE MANAGEMENT PLAN 402 AND 430 BUFFALO AVENUE SITE BCP SITE NO. C932164

APPENDIX G

ELECTRONIC COPY

0294-013-001 B T K